Agreement By Stipulation

The amounts to be paid by the various countries should be fixed by the Powers; But this reasonable provision, which can now be considered null and void, has not yet taken effect. n. an agreement, usually on a procedural matter, between the lawyers of both parties in a dispute. Some provisions are oral, but courts often require that the provision be in writing, signed and filed with the court. The word derives from the Latin word stipula “straw”. The ancient Roman custom was that the parties to the negotiations, when reaching an agreement, broke a straw as a sign of their mutual agreement and enacted the rules (provisions) of the agreement. [2] DISPOSITION, contracts. In Roman law, the treaty of the provision was concluded as follows: the person to whom the promise was to be made asked him a question of where it should emanate from, fully expressing the nature and extent of the undertaking, and the question thus proposed having been rejected, the undertaking was complete. 2. It was essential that both parties speak (so that a stupid man could not make a decision) that the person who made the promise would respond in a manner consistent with the specific question proposed without substantial intervals and with the intention of making a commitment. 3. From the general use of this type of contract, the concept of destination has been introduced into everyday language and, in modern language, often refers to anything constituting an essential article of an agreement; although it is used more correctly and more in accordance with its original meaning to designate insistence and require a particular commitment.

Two Evans`Poth. On Oblig. 19. 4. In this treaty, Roman law renounced an effective quid pro quo. See Pothier in general, Oblig. P. 1, c. 1, p.

1, art. 5. 5. In admiralty courts, the first trial is often to arrest the accused, and then they take the recognition or determination of certain Fide Jussors in the type of bail. 3 bl. Comm. 108; empty Dunlap`s Adm. Practice, index, i.e. 6. These provisions are of three kinds, namely: l. Judicatum solvi, by which the party is absolutely obliged to pay the amount that can be judged by the court. 2 De judico sisti, by which he is required to appear from time to time during the duration of the appeal and to maintain the judgment.

3. Ratio or rato by which it undertakes to ratify the acts of its proctor: this provision is not common in the admiralty courts of the United States. 7. Transferable securities shall be borrowed by guarantees, namely: 1. cautio fide jussoria. 2. Pignoratitia; Bail. 3. Juratoria, by oath: This guarantee is given if the party is too poor to find guarantees, at the discretion of the court.

4. Aude promissoria, by simple promise: this security is unknown in the admiralty courts of the United States. Hall`s Adm. Pr. 12. Dunl. Adm. Pr.

150, 151. . . .