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stipulatio
''Stipulatio'' was the basic form of contract in Roman law. It was made in the format of question and answer. The precise nature of the contract was to some extent disputed, as can be seen below.
==Capacity==
In order for a contract to be valid parties must have intellectus (understanding) and voluntas (wish, will). Lunatics and infants lack intellectus, which means they do not know what they are doing and so cannot contract (G.3.106.) Slaves lack voluntas and therefore cannot contract. However, although slaves cannot be bound by a contract, they can contract to benefit their master, even without his permission, (because he will then be able to choose whether or not to enforce it – D.45.1.62) or with his consent, may burden him, because he will provide the necessary voluntas. Wards and women can stipulate under their tutor’s authority (G.3.107) and this is not needed if they benefit under the stipulation (G.3.108.)
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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