Form of Stipulation

The form of the contract, as stated above, was question and answer, thus - Do you undertake that it shall be given (dari spondes), I undertake it (spondeo), Do you become surety (fidejubes), I become surety (fidejubeo).

The right to use the words "spondes" and "spondeo" was originally confined to Roman citizens, and it seems that anciently this verb was the only one that could be used to make the contract of stipulation, and the early name for the contract itself seems to have been sponsio.In later times less attention was paid to form, and the use of other words was permitted which could be employed by either Roman citizens or aliens.

The words used might be any words understood by the parties and the answer need not follow the precise terms of the question, and might even be in a different tongue. Thus the question might be in Latin and the answer in Greek.

By a constitution of the Emperor Leo (A. D. 469) all verbal formalities were abolished, and all that was necessary was that the parties should understand each other and agree to the same thing. The words in which the agreement was expressed were immaterial. But at least substantial agreement in the subject matter was essential.

Thus if in response to a question "Will you give me 100 aurei before the Kalends?" it was answered "I will give you 100 aurei on the Ides," there was no contract, because the promisor agrees to a longer time than that asked for.

The person asking for the promise was called the stipulator, and the promisor was called the promittor. To stipulate meant, not to promise, but to ask for a promise. The form of the contract, question and answer, made it necessary that the parties should be in each other's presence; a promise made not to the promisee in person was void.

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Effects of Marriage with Manus

By the strict marriage the wife passed into the marital power of her husband {in manum viri). The manus or marital power may be regarded as a particular form of the patria potestas. An uxor in manu was a member of her husband's household. Although called a materfamilias, this term did not have a meaning corresponding to the term paterfamilias. The wife was not the head of the family. She stood legally in the position of a daughter {in loco filiafamilias) of her husband. If she had children she was regarded as a sister of her own children. The relation of husband and wife, both as regards the wife's person and her property, was governed by the same rules of law as governed the relation of father and child. The law of husband and wife may, therefore, be considered as merely a particular branch of the law of parent and child. The husband had, in general, the same power over the person of his wife in manu as the father had over his child. Anciently, it may be suppo...
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Slavery by Birth

The children of a female slave became the slaves of her master. The status of the father as free or slave was immaterial. The general rule governing the determination of the status of a child, whether as free or slave, or as citizen or alien, was as follows : Children born in lawful wedlock had the status of the father at the moment of conception, children born out of wedlock had the status of the mother at the moment of birth. Hence if the father of a child of a lawful marriage was free at the moment of conception, the child was free although the father should subsequently lose his freedom. As to children born out of wedlock, the general rule, as above stated, was that it was the status of the mother at the moment of birth that determined the status of the child. If the mother was free at the moment of conception but a slave at the moment of birth, the child was a slave, and conversely. This was the earlier law, but the rule was modified in the interest of liber...
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Mandate (Mandatum)

Mandate (mandatum) was a contract by which one person mandatarius agreed to do something gratuitously at the request of another mandator , who, on his part, agreed to save him harmless from all loss in so doing. The mandator was said to give the mandatory a mandate, or commission to do the act in question. The term mandatum is sometimes translated "agency", but this translation is misleading. The mandatory is not properly described as an agent. Mandate was the only gratuitous consensual contract; the others, sale, hiring, and partnership, all being founded upon a consideration. Like the others, it was a bona fidei negotium , and bound the parties to do all that was required by good faith. It was of the essence of the contract of mandate that the mandatory should act gratuitously. But while this was true in a strict legal sense, it was allowed to agree upon a sum to be paid as a honorium , or salary, which might be recovered only by a special action and not b...
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