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Corpus Juris Civilis
TITLE XVI. Concerning Two Parties to A Stipulation or Promise.


Two or more individuals may be parties to a stipulation or a promise. As to the stipulation, if after the question has been put by all the promisor answers: "I agree"; for instance when two persons are making a stipulation separately the promisor answers, "I agree to pay either of you"; or if he has first agreed to pay Titius, and afterwards binds himself when another interrogates him, there are two distinct obligations, and it is not considered that there are two parties to one stipulation.

Two or more parties can bind themselves by a promise as follows: "Mævius, do you agree to pay five aurei? Seius, do you agree to pay the same five aurei?" and each answered separately: "I do agree."

(1) In obligations of this description the entire amount is due to each contracting party, and each person who makes the promise is bound for all; nevertheless, in each obligation, only one matter is included, and where either party receives the debt, or the other pays it, the obligation of all is discharged, and all persons are released from liability.

(2) Of two parties making a promise one may be bound absolutely, and the other with reference to a certain time or under some condition; and neither the date nor the condition offers any bar to an action brought against him who bound himself unqualifiedly.



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