ACTIO EX STIPULATU Meaning and
Definition
-
Actio ex stipulatu is a Latin legal term that originated in Roman law and has implications in modern civil law systems. It refers to a specific type of legal action or remedy that arises from a stipulation (a type of contract) made between two parties.
In Roman law, a stipulatio was an oral contract that required one party to promise or guarantee something to another party, in response to a specific question asked. Actio ex stipulatu, therefore, refers to the legal action that can be taken by the promisee to enforce the stipulation and obtain performance of the promise.
The purpose of actio ex stipulatu is to provide a legal mechanism for the promisee to seek redress and hold the promisor accountable for their commitment. It allows the promisee to initiate a lawsuit, seeking either specific performance or damages, against the promisor if they fail to fulfill their obligations as stipulated.
In modern legal systems influenced by Roman law, such as civil law jurisdictions, the concept of actio ex stipulatu may still be applicable, although it might be referred to by different names or have variations in its application. It represents an important principle that upholds contractual obligations and supports the enforcement of promises made through a formal stipulatio.
