Stipulation or Verbal Contract

The stipulation (stipulatio) was the chief formal contract of the Romans. Its origin is unknown. It may be traced back to the earliest times, and it survived, in full force, though slightly modified in form, until the dissolution of the Empire.

It was made by words (verbis) and hence it is called the verbal contract. Its form consisted in question and answer. One party would ask the other if he would promise so and SO, and the other would reply that he so promised, and this promise, made in response to the question, constituted the contract. But the same promise made directly, without previous question, had no legal force.

The promise might relate to anything whatever, unless to do an act illegal, immoral, impossible, etc., and hence this form of contract was universally available. As declared in the Institutes, "Anything, whether movable or immovable, which admits of private ownership, may be made the object of a stipulation." (Inst. III, 19, 1.)

The stipulation was unilateral. It bound only the promisor. If, therefore, it was desired to make a contract with reciprocal promises, the single stipulation would not suffice. But such a contract might be made by the use of independent separate stipulations, each party making the desired promises in response to the appropriate questions.

Stipulation was a stricti juris negotium. It bound the promisor to do just what he promised, no more, no less. Thus if he promised to pay a certain sum of money, without promising to pay interest in case of delay in making payment, he was not bound to pay interest for such delay.

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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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