Acceptilatio
Encyclopedia
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. A pupillus could not release a debt by acceptilatio, without the auctoritas
of his tutor
, but he could be released from a debt. A woman also could not release a debt by stipulatio without the auctoritas of a tutor. The phrase by which a creditor is said to release his debtor by acceptilatio is, debitori acceptum, or accepto facere or ferre, or acceptum habere. When anything which was done on the behalf of or for the state, such as a building for instance, was approved by the competent authorities, it was said, in acceptum ferri, or referri.
Private law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
, acceptilatio is defined to be a release by mutual interrogation
Interrogation
Interrogation is interviewing as commonly employed by officers of the police, military, and Intelligence agencies with the goal of extracting a confession or obtaining information. Subjects of interrogation are often the suspects, victims, or witnesses of a crime...
between debtor
Debtor
A debtor is an entity that owes a debt to someone else. The entity may be an individual, a firm, a government, a company or other legal person. The counterparty is called a creditor...
and creditor
Creditor
A creditor is a party that has a claim to the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property or service to the second party under the assumption that the second party will return an equivalent property or...
, by which each party is exonerated from the same contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
. In other words, acceptilatio is the form of words by which a creditor releases his debtor from a debt
Debt
A debt is an obligation owed by one party to a second party, the creditor; usually this refers to assets granted by the creditor to the debtor, but the term can also be used metaphorically to cover moral obligations and other interactions not based on economic value.A debt is created when a...
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
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:...
, 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. A pupillus could not release a debt by acceptilatio, without the auctoritas
Auctoritas
Auctoritas is a Latin word and is the origin of English "authority." While historically its use in English was restricted to discussions of the political history of Rome, the beginning of phenomenological philosophy in the twentieth century expanded the use of the word.In ancient Rome, Auctoritas...
of his tutor
Tutor
A tutor is a person employed in the education of others, either individually or in groups. To tutor is to perform the functions of a tutor.-Teaching assistance:...
, but he could be released from a debt. A woman also could not release a debt by stipulatio without the auctoritas of a tutor. The phrase by which a creditor is said to release his debtor by acceptilatio is, debitori acceptum, or accepto facere or ferre, or acceptum habere. When anything which was done on the behalf of or for the state, such as a building for instance, was approved by the competent authorities, it was said, in acceptum ferri, or referri.