Formal release by way of solutio per aes et libram and acceptilatio
This evolution of solutio as an informal way of terminating obligations did not, incidentally, render solutio per aes et libram and acceptilatio entirely redundant: for it was only when they were accompanied by payment of whatever was owed that the formal acts no longer fulfilled any essential function.
Both of them could, however, conveniently be used where the creditor wished to release his debtor from his obligation without receiving the performance that was due to him. Solutio per aes et libram could, under these circumstances, be executed nummo uno, i.e. on a purely imaginary or fictitious basis, and in the case of acceptilatio the formal question and answer ("Quod ego tibi promisi, habesne acceptum?" "Habeo") settled the issue, no matter whether performance had in actual fact been made or not. Both institutions thus continued to be used: not in connection with solutio, but as a means of terminating obligations by way of release. Solutio per aes et libram was applicable where the obligation was based either on a transaction per aes et libram, on a judgment or on a legatum per damnationem;66 acceptilatio had to be used as far as contracts verbis were concerned: "consentaneum enim visum est verbis factam obligationem posse aliis verbis dissolvi."[3873] If something was due on some other ground, it first had to be recast (by way of novation) into the form of a stipulation before release by acceptilatio could be effected.[3874] It therefore involved but a minimum of inconvenience to make acceptilatio universally applicable.4.
More on the topic Formal release by way of solutio per aes et libram and acceptilatio:
- 1. Solutio per aes et libram and acceptilatio as actus contrarii
- Release
- Informal release
- 2. The rise of informal solutio
- Formal and Informal Contracts
- The need for formal style
- 3 THE FORMAL CONTRACTS
- Will-orientation, mistake and the formal transactions
- RELEASE
- Solutio Indebiti
- Undue payment (solutio indebiti)
- PART II. ENSLAVEMENT AND RELEASE FROM SLAVERY.
- I. SOLUTIO