Stipulatio juris, a Latin phrase, denotes the “agreement on the law.” It pertains to the situation where two parties reach a consensus on a legal matter or its application. Nevertheless, the court is not obligated to accept the agreed-upon law if it is incorrect. Despite this, the parties can still stipulate the law to be utilised in resolving a dispute.
Stipulatio juris is a Latin term that refers to an agreement made by parties regarding a question of law or its applicability. The court has the discretion to reject the stipulation if it is incorrect, but the parties have the freedom to stipulate the law to be applied to a dispute. For example, in a contract dispute, the parties may agree on the applicable law that will govern the dispute, such as the law of the state where the contract was signed. Similarly, in a criminal case, the prosecution and defence may agree on certain facts, like the defendant’s age or the date of the alleged crime. This agreement can help simplify the trial process and prevent unnecessary disputes over minor details. These examples demonstrate how stipulatio juris can be utilised to streamline legal proceedings and avoid conflicts over questions of law or fact.
Stipulatio juris is a legal term that refers to a type of contract in Roman law where one party makes a promise to another party, and the other party accepts the promise without providing any consideration.
No, stipulatio juris is not recognized in modern legal systems. It was a concept specific to Roman law and is no longer applicable in contemporary legal frameworks.
Stipulatio juris served as a formal way to create legal obligations and enforce promises in Roman society. It provided a means for individuals to enter into binding agreements without the need for consideration.
No, stipulatio juris cannot be used as a valid contract today. Modern legal systems require consideration from both parties to create a legally enforceable agreement.
While stipulatio juris is not directly applicable to modern contracts, there are some similarities. Both involve the exchange of promises and the intention to create legal obligations. However, modern contracts require consideration from both parties, which stipulatio juris did not.
The main difference between stipulatio juris and modern contracts is the requirement of consideration. Stipulatio juris did not require consideration, whereas modern contracts necessitate an exchange of something of value between the parties.
Stipulatio juris may be referenced in legal arguments or academic discussions to understand the historical development of contract law. However, it does not hold any legal weight in modern legal systems.
No, stipulatio juris is not recognized in any country’s legal system today. It is a concept specific to Roman law and has not been adopted by any modern legal frameworks.
Modern legal systems recognize various types of contracts, including express contracts, implied contracts, unilateral contracts, and bilateral contracts. These contracts require consideration from both parties to be legally enforceable.
While stipulatio juris itself is not applicable in modern legal systems, its historical significance can inspire the development of new legal concepts. However, any new concepts would need to align with the principles and requirements of contemporary contract law.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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