Vietnam or Thailand ? Vote for the TOP Country of the Week !
Updated: May 3, 2025
Performance by the debtor releases, besides himself, his sureties, and conversely performance by a surety releases, besides himself, the principal debtor. 1 Acceptilation is another mode of extinguishing an obligation, and is, in its nature, an acknowledgement of a fictitious performance.
So, too, as a debt can be lawfully discharged in part, so acceptilation may be made of part only. 2 A stipulation has been invented, commonly called Aquilian, by which an obligation of any kind whatsoever can be clothed in stipulation form, and then extinguished by acceptilation; for by this process any kind of obligation may be novated.
For instance, if something is due to Titius under a verbal contract, and he wishes to release it, it can be done by his allowing the debtor to ask 'that which I promised thee has thou received? and by his replying 'I have received it. An acceptilation can be made in Greek, provided the form corresponds to that of the Latin words, as 'exeis labon denaria tosa; exo labon. This process, as we said, discharges only obligations which arise from verbal contract, and no others, for it seemed only natural that where words can bind words may also loose: but a debt due from any other cause may be transformed into a debt by stipulation, and then released by an imaginary verbal payment or acceptilation.
Word Of The Day
Others Looking