Latin
Lines 1.636-1.638
Roman Law and Society, Institutes of Justinian 1.636-638
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1. Formerly, the words used in making this kind of contract were as follows---Spondes? do you engage yourself? Spondeo, I do engage myself. Promittis? do you promise? Promitto, I do promise. Fidepromittis? do you promise on your good faith? Fidepromitto, I do promise on my good faith. Fideiubes? do you make yourself fideiussor? Fideiubeo, I do make myself fideiussor. Dabis? will you give? Dabo, I will give. Facies? will you do? Faciam, I will do. And it is immaterial whether the stipulatio is in Latin or in Greek, or in any other language, so that the parties understand it; nor is it necessary that the same language should be used by each person, but it is sufficient if the answer agree with the question. So two Greeks may contract in Latin. Anciently, indeed, it was necessary to use the solemn words just mentioned, but the constitutio of the Emperor Leo was afterwards enacted, which makes unnecessary this solemnity of the expressions, and only requires the apprehension and consent of each party, in whatever words it may be expressed.
2. Every stipulatio is made simply, or with the introduction of a particular time, or conditionally. Simply, as "Do you engage to give five aurei?" in this case the money may be instantly demanded. With the introduction of a particular time, as when a day is mentioned on which the money is to be paid, as "Do you engage to give me aurei on the first of the kalends of March?" that which we stipulate to give at a particular time becomes immediately due, but cannot be demanded before the day arrives, nor can it even be demanded on that day, for the whole of the day is allowed to the debtor for payment, as it is never certain that payment has not been made on the day appointed until that day is at an end.