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.
Particular time becomes immediately due
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.
3. But, if you stipulate thus “Do you engage to give me ten aurei annually, as long as I live?” the obligatio is understood to be made simply, and is perpetual; for a debt cannot be due for a time only; but the heir, if he demands payment, will be repelled by the exceptio pacti.
4. A stipulatio is made conditionally, when the obligatio is made subject to the happening of some uncertain event, so that it takes effect if such a thing happens, or does not happen, as, for instance, “Do you engage to give five aurei, if Titius is made consul?”
Such a stipulatio as “Do you engage to give five aurei if I do not go up to the Capitol?” is in effect the same as if the stipulatio had been, that five aurei should be given to the stipulator at the time of his death. From a conditional stipulatio, there arises only a hope that the thing will become due; and this hope we transmit to our heirs, if we die before the condition is accomplished.
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