Define: Stipulatio Sponsalitia

During ancient Roman times, fathers would enter into a solemn agreement where they promised that their child would marry another person’s child. Failure to fulfil this promise could result in punishment. However, as Roman law evolved, this practice was deemed unethical and unenforceable. In civil law, a stipulator is an individual who makes a promise and may accept a promise of a benefit on behalf of someone else.

Stipulatio sponsalitia was a serious commitment made by a father in early Roman law to arrange a marriage between his child and another’s. Failure to fulfil the promise could result in a penalty. However, in classical and later Roman law, such promises were deemed unethical and unenforceable. For instance, a father may pledge to another father that his son will wed the latter’s daughter, with a penalty for non-compliance. This exemplifies stipulatio sponsalitia, where a father commits to his child’s marriage. Nonetheless, as stated in the definition, such commitments were later viewed as unethical and unenforceable. A stipulator is an individual who makes a commitment. In civil law, a stipulator may also be the recipient in a stipulation pour autrui, accepting a commitment to benefit a third party. For example, a person may pledge to reward their friend’s child upon graduation from college, with the friend accepting the commitment on behalf of their child. In this scenario, the friend is the stipulator. This instance illustrates the concept of a stipulator in civil law, where the recipient accepts a commitment made for the benefit of a third party.

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This glossary post was last updated: 17th April 2024.