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Stipulatio For A Third Person

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Chapter Summary

In Gai., 3.97-109, Gaius has enumerated different causes of invalidity of a stipulatio. When the promisor has promised something that cannot be given or something that cannot exist at all, the stipulatio is void. A stipulatio is also void if it is made under a condition that cannot happen. Moreover, a stipulatio is void where someone stipulates to be given a thing that is already his. A stipulatio in favour of a third party is void, except where a son stipulates on behalf of his pater familias or a slave on behalf of his master. This chapter presents an extract from Inst., 3.19.4. In this text, Justinian indirectly refers to the controversy between the Sabinians and the Proculians. In Justinian time, the controversy had been ended and, henceforth, the Proculian opinion that a stipulator only acquired half of a stipulatio for himself and for a third party prevailed.

Keywords: Justinian; Proculians; Sabinians; stipulatio; third party

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