5. PRAETORIAN STIPULATIONS
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238 BOOK FORTY-SIXIPRAETORIAN STIPULATIONS me, on whatever ground, whether presently due or at a given time, and whatever action, claim, or proceedings in respect of them I have or will have against you, what you have, hold and possess of mine, however much each of these be worth, Aulus Agerius stipulated and Numerius Negidius solemnly promised." "What Numerius Negidius promised and pledged to Aulus Agerius, Numerius Negidius asked Aulus Agerius whether he had received it. Aulus Agerius acknowledged receipt to Numerius Negidius." 19 ULPIAN,Rules, book 2: Should formal release be granted to one under a real, not a verbal, obligation, he will not indeed be discharged, but he will be able to protect himself with the defense of bad faith or that of an agreed pact. 1. Between release and receipt, there is this difference: by formal release, complete discharge results even though the money has not been paid; by receipt, only when the money has been paid. 20 ULPIAN,Edict, book 77: If a clause in respect of a decided issue be released, Marcellus says that the other parts of the stipulation disappear; for it was interposed only that the issue could be ruled upon. 21 VENULEIUS, Stipulations, book 11: Should I stipulate, by way of novation, for a legacy left to me under a condition and grant a formal release before the condition is realized, Nerva the Younger says that even if the condition be satisfied, there will be neither an action on the will, because of the novation, nor one on the stipulation which was dissolved by the release. 22 GAIUS,Verbal Obligations, book 3: A slave can grant formal release only on his master 's order. 23 LABEO,Plausible Views, Epito7vized by Paul, book 5: If I grant you a formal release , I am in no way freed from you. PAUL:Nay; when letting and hiring or sale and purchase are made by agreement and nothing has yet followed, both parties will be discharged by such a release, even if it were granted by only one of them. 5 PRAETORIAN STIPULATIONS 1 ULPIAN,Edict, book 70: There appear to be three types of praetorian stipulation: judicial, by way of security, and common. 1. We stylejudicial those which, in respect of litigation, are interposed that [the decision] be ratified, that it will be discharged and that form a declaration in connection with a new construction. 2. Those by way of security are those resembling an action and occur, like a novel action, for example, stipulations in respect of legacies, tutelage, that [a procurator's proceedings] will be ratified or on account of threatened damage. 3. Common are stipulations for appearance in legal proceedings. 4. It should, though, be appreciated that all stipulations of their nature are by way of security; for the purpose of the stipulations is that one may be more secure and protected through the interposition of the stipulation. 5. There are some of these praetorian stipulations which require security; others seek a mere counterpromise; but these latter are very few. They having been listed, it will be clear that the rest are not counterpromises but for security. 6. Hence, the stipulation in respect of a declaration concerning a new construction is now for security, now a counterpromise. Let us consider, in respect of such stipulation, how security is provided ; in the case of a construction on private land, there is security; for that on a public site, a counterpromise is required. Further, those who give undertakings in 238 BOOK FORTY-SIX/PRAETORIAN STIPULATIONS me, on whatever ground, whether presently due or at a given time, and whatever action, claim, or proceedings in respect of them I have or will have against you, what you have, hold and possess of mine, however much each of these be worth, Aulus Agerius stipulated and Numerius Negidius solemnly promised." "What Numerius Negidius promised and pledged to Aulus Agerius, Numerius Negidius asked Aulus Agerius whether he had received it. Aulus Agerius acknowledged receipt to Numerius Negidius." 19 ULPIAN, Rules, book 2: Should formal release be granted to one under a real, not a verbal, obligation, he will not indeed be discharged, but he will be able to protect himself with the defense of bad faith or that of an agreed pact. 1. Between release and receipt, there is this difference: by formal release, complete discharge results even though the money has not been paid; by receipt, only when the money has been paid. 20 ULPIAN, Edict, book...