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The editio stipulationis, An interpretation of D. 2,13,1,4 (Ulp. 4 ad ed.)

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image of Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

The Praetor's edict is said to be vague. Its contents are often better understood in the light of the broader context of legal and factual circumstances. Thus, the significance of the edict's editio stipulationis may be explained by analyzing its legal context and the practice with respect to the stipulatio, both of which establish that the stipulator was bound to inform the other party to the contract. That obligation may explain other specific features of the rules which applied to a verbal contract, in particular as regards the ambiguitas contra stipulatorem. An offence against the edictal obligation 'totam stipulationem edere' entailed that the stipulator would be worse off, but the sanction against him was not precisely stated. The very vague character of the edict may in this case have strengthened its effectiveness.


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