Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here


Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter presents texts that are situated in the part on the law of obligations in Gaius' Institutiones and, more specifically, in the part where Gaius (3.176- 179) discussed the discharge of obligations by novatio. Novatio is the transformation of an earlier obligation into a new obligation created by stipulatio, so that the previous obligation is discharged ipso iure and is substituted by the new one. In order to make a valid novatio, the new obligation had to contain a new element, called a novum. Both a novatio that served to replace a debtor and a sponsio were brought about by way of a stipulatio. The Sabinians maintained that a sponsio brought about a novatio, so that the sponsor was a new and principal debtor. The Proculians, on the other hand, took the view that it did not cause a novatio and that the sponsor was only an additional debtor.

Keywords: debtor; Gaius; Institutiones; novatio; novum; Proculians; Sabinians; stipulatio



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Gaius meets Cicero — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation