stipulatio

Stipulatio is an ancient Roman form of contract characterized by a formal verbal exchange between two parties. In this arrangement one person, the stipulator, asks a specific question about a promise to do, give, or pay something, and the other person, the promissor, answers in the affirmative. The exchange itself creates an obligation, even though no transfer of property or other consideration is required.

The structure of stipulatio is key to its functioning. It is a two-person, question-and-answer contract that relies on formality rather than reciprocity of interests. The stipulator formulates a clear, lawful matter—such as a payment of money or a service—and the promissor responds with an affirmative promise. Once the question is answered with assent, the obligation arises and the stipulator gains a right to enforce the promise.

The legal effect of stipulatio is the creation of an enforceable obligation. The standard remedy is the actio stipulationis, an action available to compel performance or payment according to the stipulation. In Roman law, stipulatio could create debts or other obligations without the need for consideration, making it a flexible and widely used instrument. It typically did not involve the transfer of property by itself but could lead to specific performance or payment.

Historically, stipulatio is regarded as one of the foundational metaphorical forms of contract in Roman law and influenced later civil-law concepts of promissory obligations. It remained a subject of legal analysis in classical juristic writings and contributed to the broader understanding of how formality and promise can generate enforceable duties.