stipulatio aquiliana

stipulatio aquiliana (stip-y[schwa]-lay-shee-oh [schwa]-kwil-ee-ay-n[ schwa]). [Latin] Roman law. A type of stipulatio used to collect and discharge all the liabilities owed on various grounds by a single contract.

“[S]tipulatio Aquiliana, a device credited to Aquilius Gallus, of Cicero’s time. Where two persons with complex relations between them desired to square or simplify their accounts they could work out the items and arrive at the balance …. This balance being paid or otherwise arranged, each party would then make with the other this stipulatio, which was a comprehensive formula …. This would novate all the claims and turn them into a single promise, for an incertum. These mutual stipulations might then be released by acceptilatio.” W.W. Buckland, A Manual of Roman Private Law 348 (2d ed. 1953).


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