Lesson plan
acceptilatio
In Ancient Roman civil law, acceptilatio is defined to be a release by mutual interrogation between debtor and creditor, by which each party is exonerated from the same contract. In other words, acceptilatio is the form of words by which a creditor releases his debtor from a debt or obligation, and acknowledges he has received that which in fact he has not received (veluti imaginaria solutio). It is equivalent to the modern acceptilation. This release of debt by acceptilatio applies only to such debts as have been contracted by stipulatio, conformably to a rule of Roman law that only contracts made by words can be ended by words. But the astuteness of the Roman lawyers found a mode of complying with the rule, and at the same time extending the acceptilatio to all kinds and to any number of contracts. This was the invention of Gallus Aquilius, who devised a formula for reducing all and every kind of contracts to the stipulatio. This being done, the acceptilatio would immediately apply, inasmuch as the matter was by such formula brought within the general rule of law above mentioned. The acceptilatio must be absolute and not conditional. A part of a debt or obligation might be released as well as the whole, provided the thing was in its nature capable of division.…
Article summary
In Ancient Roman civil law, acceptilatio is defined to be a release by mutual interrogation between debtor and creditor, by which each party is exonerated from the same contract. In other words, acceptilatio is the form of words by which a creditor releases his debtor from a debt or obligation, and acknowledges he has received that which in fact he has not received (veluti imaginaria solutio). It is equivalent to the modern acceptilation. This release of debt by acceptilatio applies only to such debts as have been contracted by stipulatio, conformably to a rule of Roman law that only contracts made by words can be ended by words. But the astuteness of the Roman lawyers found a mode of complying with the rule, and at the same time extending the acceptilatio to all kinds and to any number of contracts. This was the invention of Gallus Aquilius, who devised a formula for reducing all and every kind of contracts to the stipulatio. This being done, the acceptilatio would immediately apply, inasmuch as the matter was by such formula brought within the general rule of law above mentioned. The acceptilatio must be absolute and not conditional. A part of a debt or obligation might be released as well as the whole, provided the thing was in its nature capable of division.…
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Discussion questions
- Summarise the article in your own words. Which single claim would you verify first, and why?
- Which claim in this article is most likely to be revised as the sources update? How would you check its current status?
- If two sources disagreed about one of these facts, what would you need in order to trust one over the other?
Bibliography
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Key claims and bibliography are generated from the same tracked claims and sources as the article page.