2 04obligation stipulation - uniwersytet...
TRANSCRIPT
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OBLIGATIONSVERBAL CONTRACTS
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Obligations: The Sources
G. 3.88 First let us consider those that arise from contract. Of such there four kinds: for an obligation by contract arises either by a thing (re), by words (verbis), by letters (litteris), or by consent (consensu).
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Obligations: The Sources
G. 3.88 First let us consider those that arise from contract. Of such there four kinds: for an obligation by contract arises either by a thing (re), by words (verbis), by letters (litteris), or by consent (consensu).
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The verbal contract
The rituality of stipulation The Form
Advantages/Disadvantages Certain/Uncertain
Causality and Stipulation Causality vs. Abstraction
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92. An obligation is verbally contracted by question and answer, as for instance: DARI SPONDES? SPONDEO!; DABIS? DABO!; PROMITTIS? PROMITTO!; FIDEPROMITTIS? FIDE PROMITTO!; FIDEIUBES? FIDEIUBEO!; FACIES? FACIAM! "Do you solemnly agree to give it to me?" "I do solemnly agree." "Will you give it?" "I will give it." "Do you promise?" "I do promise." "Do you pledge your faith?" "I do pledge my faith." "Do you guarantee?" "I do guarantee." "Will you do this?" "I will do it."93. The verbal obligation contracted by the expressions, "Do you solemnly agree to give?" "I do solemnly agree to give," is peculiar to Roman citizens; the others belong to the Law of Nations, and therefore they are valid among all men, whether they are Roman citizens or aliens. And even if they are uttered in the Greek language they are still valid, for instance: δώσεις ; δώσω· ὁμολογεῖς ; ὁμολογῶ· πίστει κελεύεις ; πίστει κελεύω· ποιήσεις ; ποιήσω, so far as Roman citizens are concerned, if they understand Greek; and on the other hand, although they may be stated in Latin, they will, nevertheless, be binding on foreigners, provided they are familiar with the Latin language.
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The ritual and its disadvantages
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The ritual and its disadvantages
Is a simple agreement enough to create an obligation?
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The ritual and its disadvantages
Is a simple agreement enough to create an obligation?
What about a written document?
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The ritual and its disadvantages
Is a simple agreement enough to create an obligation?
What about a written document?
Only if their content is the typical of one of the consensual contracts (sale, hire, mandate, partnership); otherwise, nudum pactum obligationem non parit (a mere pact does not bear an obligation), so a ritual is needed:
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The ritual and its disadvantages
Is a simple agreement enough to create an obligation?
What about a written document?
Only if their content is the typical of one of the consensual contracts (sale, hire, mandate, partnership); otherwise, nudum pactum obligationem non parit (a mere pact does not bear an obligation), so a ritual is needed:
'Decem mihi dari spondes?' spondeo
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The ritual and its disadvantages
Is a simple agreement enough to create an obligation?
What about a written document?
Only if their content is the typical of one of the consensual contracts (sale, hire, mandate, partnership); otherwise, nudum pactum obligationem non parit (a mere pact does not bear an obligation), so a ritual is needed:
'Decem mihi dari spondes?' spondeo
Disadvantages?
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The ritual and its disadvantages
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The ritual and its disadvantagesWhat if the stipulation is more complicated?
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The ritual and its disadvantagesWhat if the stipulation is more complicated?
cautio usufructuaria, cautio rem pupilli salvam fore
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The ritual and its disadvantagesWhat if the stipulation is more complicated?
cautio usufructuaria, cautio rem pupilli salvam fore
What if the parties live in different cities?
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The ritual and its disadvantagesWhat if the stipulation is more complicated?
cautio usufructuaria, cautio rem pupilli salvam fore
What if the parties live in different cities?
Writing?
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The ritual and its disadvantagesWhat if the stipulation is more complicated?
cautio usufructuaria, cautio rem pupilli salvam fore
What if the parties live in different cities?
Writing?
it can be added to the oral ritual, but not replace it: not ‘constitutive’.
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The ritual and its disadvantagesWhat if the stipulation is more complicated?
cautio usufructuaria, cautio rem pupilli salvam fore
What if the parties live in different cities?
Writing?
it can be added to the oral ritual, but not replace it: not ‘constitutive’.
How to contract an obligation inter absentes?
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The ritual and its disadvantagesWhat if the stipulation is more complicated?
cautio usufructuaria, cautio rem pupilli salvam fore
What if the parties live in different cities?
Writing?
it can be added to the oral ritual, but not replace it: not ‘constitutive’.
How to contract an obligation inter absentes?
Subjects in potestate
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The rational behind the ritual
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The rational behind the ritualCould one of the parties argue that he had really not agreed? That his intention in fact was not entering the contract?
The agreement is made indisputable. It prevents a possible lack of consideration.
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The rational behind the ritualCould one of the parties argue that he had really not agreed? That his intention in fact was not entering the contract?
The agreement is made indisputable. It prevents a possible lack of consideration.
Could one argue that ten had been promised only on the assumption that a certain service be provided in turn (CONSIDERATION)?
The content is fixed indisputably, and separated from the previous negotiations
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The rational behind the ritualCould one of the parties argue that he had really not agreed? That his intention in fact was not entering the contract?
The agreement is made indisputable. It prevents a possible lack of consideration.
Could one argue that ten had been promised only on the assumption that a certain service be provided in turn (CONSIDERATION)?
The content is fixed indisputably, and separated from the previous negotiations
Comparison to the modern contractual system
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The rational behind the ritualCould one of the parties argue that he had really not agreed? That his intention in fact was not entering the contract?
The agreement is made indisputable. It prevents a possible lack of consideration.
Could one argue that ten had been promised only on the assumption that a certain service be provided in turn (CONSIDERATION)?
The content is fixed indisputably, and separated from the previous negotiations
Comparison to the modern contractual systemWhy not an unilateral form? I promise...
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VERBAL CONTRACTS APPLICATION
Creation of an abstract obligation
Versatility
esp. to guarantee specified (and otherwise non executable performance):
cautio usufructuaria, penal stipulation
Collateral (personal guarantee)
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VERBAL CONTRACT as a collateral
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VERBAL CONTRACT as a collateral
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VERBAL CONTRACT as a collateral
SPONSIO FIDEPROMISSIO FIDEIUSSIO
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VERBAL CONTRACT as a collateral
SPONSIO FIDEPROMISSIO FIDEIUSSIO
item spondes? spodeo!
item fide promittis?fide promitto!
item fide iubes?fideiubeo!
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VERBAL CONTRACT as a collateral
SPONSIO FIDEPROMISSIO FIDEIUSSIO
item spondes? spodeo!
item fide promittis?fide promitto!
item fide iubes?fideiubeo!
citizens everyone
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VERBAL CONTRACT as a collateral
SPONSIO FIDEPROMISSIO FIDEIUSSIO
item spondes? spodeo!
item fide promittis?fide promitto!
item fide iubes?fideiubeo!
citizens everyone
only verbal contracts all obligations (inc. natural)
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VERBAL CONTRACT as a collateral
SPONSIO FIDEPROMISSIO FIDEIUSSIO
item spondes? spodeo!
item fide promittis?fide promitto!
item fide iubes?fideiubeo!
citizens everyone
only verbal contracts all obligations (inc. natural)
extinguished by death(or after two years by the virtue of Lex Furia) inheritable
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Certum / Incertum
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Certum / Incertum (a) Do you promise 10.000 HS? I do
(b) Do you promise me damages if your wall falls over my property?’ (c) Do you promise to build for me a house on the Cornelian estate?
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Certum / Incertum (a) Do you promise 10.000 HS? I do
(b) Do you promise me damages if your wall falls over my property?’ (c) Do you promise to build for me a house on the Cornelian estate?
Differences?
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Certum / Incertum (a) Do you promise 10.000 HS? I do
(b) Do you promise me damages if your wall falls over my property?’ (c) Do you promise to build for me a house on the Cornelian estate?
Differences?
(a) dare certum
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Certum / Incertum (a) Do you promise 10.000 HS? I do
(b) Do you promise me damages if your wall falls over my property?’ (c) Do you promise to build for me a house on the Cornelian estate?
Differences?
(a) dare certum(b) dare incertum
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Certum / Incertum (a) Do you promise 10.000 HS? I do
(b) Do you promise me damages if your wall falls over my property?’ (c) Do you promise to build for me a house on the Cornelian estate?
Differences?
(a) dare certum(b) dare incertum(c) facere
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Certum / Incertum (a) Do you promise 10.000 HS? I do
(b) Do you promise me damages if your wall falls over my property?’ (c) Do you promise to build for me a house on the Cornelian estate?
Differences?
(a) dare certum(b) dare incertum(c) facere
Divisibility?
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Certum / Incertum (a) Do you promise 10.000 HS? I do
(b) Do you promise me damages if your wall falls over my property?’ (c) Do you promise to build for me a house on the Cornelian estate?
Differences?
(a) dare certum(b) dare incertum(c) facere
Divisibility?
(a-b) divisible, (c) indivisible. Consequences?
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Certum / Incertum (a) Do you promise 10.000 HS? I do
(b) Do you promise me damages if your wall falls over my property?’ (c) Do you promise to build for me a house on the Cornelian estate?
Differences?
(a) dare certum(b) dare incertum(c) facere
Divisibility?
(a-b) divisible, (c) indivisible. Consequences?
Further: (a) claimed by actio certi (condictio), (b-c) by actio (incerta) ex stipulatu.
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Certum / Incertum
Actio certi (condictio certae creditae pecuniae: the same as in case of a loan for consumption (mutuum) and literal contract
Actio incerti (actio ex stipulatu)
both STRICTI IURIS!
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Certum Incertum
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Certum Incertum
If it appears that A ought to give [on the basis of civil law] 10 to B...
As A has promised sth indeterminate to B, whatever for that reason A ought to give or perform in favour of B [on the basis of civil law]…
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Certum Incertum
If it appears that A ought to give [on the basis of civil law] 10 to B...
As A has promised sth indeterminate to B, whatever for that reason A ought to give or perform in favour of B [on the basis of civil law]…
... let the judge condemn ...
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Certum Incertum
If it appears that A ought to give [on the basis of civil law] 10 to B...
As A has promised sth indeterminate to B, whatever for that reason A ought to give or perform in favour of B [on the basis of civil law]…
... let the judge condemn ...
A in favour of B for 10 .... for whatever shall be the case-matter.
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Certum Incertum
If it appears that A ought to give [on the basis of civil law] 10 to B...
As A has promised sth indeterminate to B, whatever for that reason A ought to give or perform in favour of B [on the basis of civil law]…
... let the judge condemn ...
A in favour of B for 10 .... for whatever shall be the case-matter.
If it does not appear, let the judge absolve
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Certum Incertum
The role of the judgeIncertum: litis aestimatio on the basis of the interestCertum: on the basis of the true price.
pluris petitio;
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Do you promise...... ten modii of best quality African
wheat?
... ten modii of African wheat?
...African wheat?
... the wine you keep in your cellar?
... to give me your copy of Julian's Digesta?
... to give back the book you have borrowed from me?
... to give me a Gaulish gladiator slave?
... 1000 or the Cornelian estate?
... to give me right of way on the Cornelian estate?
... not to prevent my crossing through the Cornelian estate?
... the usufruct over the Cornelian estate?
... your share of ownership on Stichus?
... an interest rate of 8 % on the money you have borrowed?
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Condicio and dies
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Condicio and dies
Titius: Do you promise to give me Stichus on the next kalends of January? If you don’t, do you promise to give me 1000? - Caius: I do
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Condicio and dies
Titius: Do you promise to give me Stichus on the next kalends of January? If you don’t, do you promise to give me 1000? - Caius: I do
Can Titius claim anything before the kalends of January?
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Condicio and dies
Titius: Do you promise to give me Stichus on the next kalends of January? If you don’t, do you promise to give me 1000? - Caius: I do
Can Titius claim anything before the kalends of January?
If Caius gives the slave before the kalends of January, can he claim him back? What, If he gives the 1000?
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Condicio and dies
Titius: Do you promise to give me Stichus on the next kalends of January? If you don’t, do you promise to give me 1000? - Caius: I do
Can Titius claim anything before the kalends of January?
If Caius gives the slave before the kalends of January, can he claim him back? What, If he gives the 1000?
'on the next kalends of January', dies; 'if you don't (fulfil the obligation)' condicio.
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Condicio and dies
Titius: Do you promise to give me Stichus on the next kalends of January? If you don’t, do you promise to give me 1000? - Caius: I do
Can Titius claim anything before the kalends of January?
If Caius gives the slave before the kalends of January, can he claim him back? What, If he gives the 1000?
'on the next kalends of January', dies; 'if you don't (fulfil the obligation)' condicio.
Dies suspends the action, condicio the obligation itself. What kind of stipulatio sub condicione is the second one?
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Condicio and dies
Titius: Do you promise to give me Stichus on the next kalends of January? If you don’t, do you promise to give me 1000? - Caius: I do
Can Titius claim anything before the kalends of January?
If Caius gives the slave before the kalends of January, can he claim him back? What, If he gives the 1000?
'on the next kalends of January', dies; 'if you don't (fulfil the obligation)' condicio.
Dies suspends the action, condicio the obligation itself. What kind of stipulatio sub condicione is the second one?
Stipulatio poenae. If Stichus is not given in time, can Titius claim the slave or only
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Stipulation and its causeBefore leaving Rome for a long journey, Titius, diffident of his own slaves, entrusts his most valuable possessions to his neighbour Caius.
In the political turmoil of the late Republic, Titius and Caius fall in enemy sides. Caius, his own possessions having been confiscated by the enemy, now refuses to give back Titius' unless a high amount of money is paid.
Caius: "Do you promise to give me 200.000 HS?" Titius: "I do promise".
Is this stipulation valid?
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Stipulation and its causeBefore leaving Rome for a long journey, Titius, diffident of his own slaves, entrusts his most valuable possessions to his neighbour Caius.
In the political turmoil of the late Republic, Titius and Caius fall in enemy sides. Caius, his own possessions having been confiscated by the enemy, now refuses to give back Titius' unless a high amount of money is paid.
Caius: "Do you promise to give me 200.000 HS?" Titius: "I do promise".
Is this stipulation valid?
Caius has action against Titius. What can Titius do?
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Stipulation and its causeBefore leaving Rome for a long journey, Titius, diffident of his own slaves, entrusts his most valuable possessions to his neighbour Caius.
In the political turmoil of the late Republic, Titius and Caius fall in enemy sides. Caius, his own possessions having been confiscated by the enemy, now refuses to give back Titius' unless a high amount of money is paid.
Caius: "Do you promise to give me 200.000 HS?" Titius: "I do promise".
Is this stipulation valid?
Caius has action against Titius. What can Titius do?The praetor helps by means of exceptio doli. How does this work?
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Stipulation and its causeBefore leaving Rome for a long journey, Titius, diffident of his own slaves, entrusts his most valuable possessions to his neighbour Caius.
In the political turmoil of the late Republic, Titius and Caius fall in enemy sides. Caius, his own possessions having been confiscated by the enemy, now refuses to give back Titius' unless a high amount of money is paid.
Caius: "Do you promise to give me 200.000 HS?" Titius: "I do promise".
Is this stipulation valid?
Caius has action against Titius. What can Titius do?The praetor helps by means of exceptio doli. How does this work?The defendant is absolved if he proves the unlawfulness of the cause
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Stipulation and its causeBefore leaving Rome for a long journey, Titius, diffident of his own slaves, entrusts his most valuable possessions to his neighbour Caius.
In the political turmoil of the late Republic, Titius and Caius fall in enemy sides. Caius, his own possessions having been confiscated by the enemy, now refuses to give back Titius' unless a high amount of money is paid.
Caius: "Do you promise to give me 200.000 HS?" Titius: "I do promise".
Is this stipulation valid?
Caius has action against Titius. What can Titius do?The praetor helps by means of exceptio doli. How does this work?The defendant is absolved if he proves the unlawfulness of the causeThe stipulation is made useless iure praetorio. What was the technical reason?
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Stipulation and its causeBefore leaving Rome for a long journey, Titius, diffident of his own slaves, entrusts his most valuable possessions to his neighbour Caius.
In the political turmoil of the late Republic, Titius and Caius fall in enemy sides. Caius, his own possessions having been confiscated by the enemy, now refuses to give back Titius' unless a high amount of money is paid.
Caius: "Do you promise to give me 200.000 HS?" Titius: "I do promise".
Is this stipulation valid?
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CAIUS AQUILIUS IUDEX ESTO. SI PARET NUMERIUM NEGIDIUM AULO AGERIO DIES MILIA SESTERTIUM DARE OPORTERE, SI IN EA RE NIHILI DOLO MALO AULII AGERII FACTUM SIT NEQUE FIAT, QUA DE RE AGITUR, CAIUS AQUILIUS IUDEX NUMERIUM NEGIDIUM AULO AGERIO DIES MILIA SESTERIUM CONDAMNATO, SI NON PARET ABSOLVITO.
LET CAIUS AQUILIUS BE JUDGE. IF IT APPEARS THAT THE DEFENDANT OUGHT ON THE BASIS OF CIVIL LAW TO GIVE TO THE PLAINTIFF 200,000 HS, WHICH IS THE CASE-MATTER HERE, UNLESS ANYTHING HAS BEEN DONE OR IS DONE IN THIS CASE BY THE PLAINTIFF BY MEANS OF EVIL FRAUD, LET THE JUDGE CONDEMN THE DEFENDANT IN FAVOUR OF THE PLAINTIFF FOR 200,000IF IT DOES NOT APPEAR, LET HIM ABSOLVE.
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Causality vs Abstraction
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Causality vs AbstractionIf I take a book from my library and give it to you, does it become yours?
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Causality vs AbstractionIf I take a book from my library and give it to you, does it become yours?
It depends on the cause, v. Commodatum (loan for use) vs. donation
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Causality vs AbstractionIf I take a book from my library and give it to you, does it become yours?
It depends on the cause, v. Commodatum (loan for use) vs. donation
Traditio = causal.
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Causality vs AbstractionIf I take a book from my library and give it to you, does it become yours?
It depends on the cause, v. Commodatum (loan for use) vs. donation
Traditio = causal.
If I mancipate an estate in your favour, does it become yours?
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Causality vs AbstractionIf I take a book from my library and give it to you, does it become yours?
It depends on the cause, v. Commodatum (loan for use) vs. donation
Traditio = causal.
If I mancipate an estate in your favour, does it become yours?
Yes: the cause is not relevant here: one takes for granted that the ritual of mancipatio is performed only when there is intention to transfer ownership. Ritual substitutes for cause
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Causality vs AbstractionIf I take a book from my library and give it to you, does it become yours?
It depends on the cause, v. Commodatum (loan for use) vs. donation
Traditio = causal.
If I mancipate an estate in your favour, does it become yours?
Yes: the cause is not relevant here: one takes for granted that the ritual of mancipatio is performed only when there is intention to transfer ownership. Ritual substitutes for cause
Mancipatio = abstract.
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Causality vs AbstractionIf I take a book from my library and give it to you, does it become yours?
It depends on the cause, v. Commodatum (loan for use) vs. donation
Traditio = causal.
If I mancipate an estate in your favour, does it become yours?
Yes: the cause is not relevant here: one takes for granted that the ritual of mancipatio is performed only when there is intention to transfer ownership. Ritual substitutes for cause
Mancipatio = abstract.
abstract acts tend to be ritual; causal acts, informal.
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The difference in trial
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The difference in trialI acquire a slave, he runs away back to the former owner, whom I sue. What do I need to
prove my ownership:
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The difference in trialI acquire a slave, he runs away back to the former owner, whom I sue. What do I need to
prove my ownership:
a) if based on traditio; b) if based on mancipatio?
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The difference in trialI acquire a slave, he runs away back to the former owner, whom I sue. What do I need to
prove my ownership:
a) if based on traditio; b) if based on mancipatio?
(a) the traditio itself and its cause; (b) just the mancipatio
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The difference in trialI acquire a slave, he runs away back to the former owner, whom I sue. What do I need to
prove my ownership:
a) if based on traditio; b) if based on mancipatio?
(a) the traditio itself and its cause; (b) just the mancipatio
When our claim is based on an abstract act, we are favoured by a presumption: it is presumed that the act had in fact a cause and a licit one.
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The difference in trialI acquire a slave, he runs away back to the former owner, whom I sue. What do I need to
prove my ownership:
a) if based on traditio; b) if based on mancipatio?
(a) the traditio itself and its cause; (b) just the mancipatio
When our claim is based on an abstract act, we are favoured by a presumption: it is presumed that the act had in fact a cause and a licit one.
What if I (c) sue my debtor on the basis of a stipulatio? What do I need to prove?
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The difference in trialI acquire a slave, he runs away back to the former owner, whom I sue. What do I need to
prove my ownership:
a) if based on traditio; b) if based on mancipatio?
(a) the traditio itself and its cause; (b) just the mancipatio
When our claim is based on an abstract act, we are favoured by a presumption: it is presumed that the act had in fact a cause and a licit one.
What if I (c) sue my debtor on the basis of a stipulatio? What do I need to prove?
Just the stipulatio itself. Does this mean that the cause is totally irrelevant?
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The difference in trialI acquire a slave, he runs away back to the former owner, whom I sue. What do I need to
prove my ownership:
a) if based on traditio; b) if based on mancipatio?
(a) the traditio itself and its cause; (b) just the mancipatio
When our claim is based on an abstract act, we are favoured by a presumption: it is presumed that the act had in fact a cause and a licit one.
What if I (c) sue my debtor on the basis of a stipulatio? What do I need to prove?
Just the stipulatio itself. Does this mean that the cause is totally irrelevant?
No: the defendant can prove the cause unlawful or void, and thus get absolution.
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The difference in trialI acquire a slave, he runs away back to the former owner, whom I sue. What do I need to
prove my ownership:
a) if based on traditio; b) if based on mancipatio?
(a) the traditio itself and its cause; (b) just the mancipatio
When our claim is based on an abstract act, we are favoured by a presumption: it is presumed that the act had in fact a cause and a licit one.
What if I (c) sue my debtor on the basis of a stipulatio? What do I need to prove?
Just the stipulatio itself. Does this mean that the cause is totally irrelevant?
No: the defendant can prove the cause unlawful or void, and thus get absolution.
(1) causal; (2) - (3) abstract. What's the technical difference between them?
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The difference in trialI acquire a slave, he runs away back to the former owner, whom I sue. What do I need to
prove my ownership:
a) if based on traditio; b) if based on mancipatio?
(a) the traditio itself and its cause; (b) just the mancipatio
When our claim is based on an abstract act, we are favoured by a presumption: it is presumed that the act had in fact a cause and a licit one.
What if I (c) sue my debtor on the basis of a stipulatio? What do I need to prove?
Just the stipulatio itself. Does this mean that the cause is totally irrelevant?
No: the defendant can prove the cause unlawful or void, and thus get absolution.
(1) causal; (2) - (3) abstract. What's the technical difference between them?
in (3) the presumption of a licit cause can be destroyed by the defendant; in (2) it can't.
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The difference in trialI acquire a slave, he runs away back to the former owner, whom I sue. What do I need to
prove my ownership:
a) if based on traditio; b) if based on mancipatio?
(a) the traditio itself and its cause; (b) just the mancipatio
When our claim is based on an abstract act, we are favoured by a presumption: it is presumed that the act had in fact a cause and a licit one.
What if I (c) sue my debtor on the basis of a stipulatio? What do I need to prove?
Just the stipulatio itself. Does this mean that the cause is totally irrelevant?
No: the defendant can prove the cause unlawful or void, and thus get absolution.
(1) causal; (2) - (3) abstract. What's the technical difference between them?
in (3) the presumption of a licit cause can be destroyed by the defendant; in (2) it can't.
(3) presumption iuris tantum (2) presumption iuris et de iure
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Acts
Causal
'weakly' abstract
'strictly' abstract
In trial
The cause has to be proved
The cause is presumed iuris
tantum (rebuttable presumption
The cause is presumed iuris et de
iure (conclusive/irrebuttable
presumption)
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Acts
Causal
'weakly' abstract
'strictly' abstract
In trial
The cause has to be proved
The cause is presumed iuris
tantum (rebuttable presumption
The cause is presumed iuris et de
iure (conclusive/irrebuttable
presumption)
traditio
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Acts
Causal
'weakly' abstract
'strictly' abstract
In trial
The cause has to be proved
The cause is presumed iuris
tantum (rebuttable presumption
The cause is presumed iuris et de
iure (conclusive/irrebuttable
presumption)
traditio
stipulatio
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Acts
Causal
'weakly' abstract
'strictly' abstract
In trial
The cause has to be proved
The cause is presumed iuris
tantum (rebuttable presumption
The cause is presumed iuris et de
iure (conclusive/irrebuttable
presumption)
traditio
stipulatio
mancipatio
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A CaseAulus wanted to borrow money from Quintus. They agreed that the money would be paid in a week - once Aulus had finalised a transaction he was preparing. On the very same day to secure the future repayment of the loan Quintus asked Aulus Do you promise that 100 will be given to me? Aulus answered I do promise. They also made a document evidencing the transaction. A week after however Aulus’ transaction failed and so he did not come to Quintus to get the money as he did not need them anymore. When - after a few months the heirs of the recently deceased Quintus found the document they decided to claim the amount therein specified.