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stipulation 音标拼音: [st,ɪpjəl'eʃən] n. 约束,约定,契约 约束,约定,契约 stipulation n 1: (law) an agreement or concession made by parties in a judicial proceeding (or by their attorneys) relating to the business before the court; must be in writing unless they are part of the court record; "a stipulation of fact was made in order to avoid delay" [synonym: {stipulation}, {judicial admission}] 2: an assumption on which rests the validity or effect of something else [synonym: {condition}, {precondition}, {stipulation}] 3: a restriction that is insisted upon as a condition for an agreement [synonym: {stipulation}, {specification}] Stipulation \Stip`u*la"tion\, n. [See {Stipule}.] (Bot.) The situation, arrangement, and structure of the stipules. [1913 Webster] Stipulation \Stip`u*la"tion\, n. [L. stipulatio: cf. F. stipulation.] 1. The act of stipulating; a contracting or bargaining; an agreement. [1913 Webster] 2. That which is stipulated, or agreed upon; that which is definitely arranged or contracted; an agreement; a covenant; a contract or bargain; also, any particular article, item, or condition, in a mutual agreement; as, the stipulations of the allied powers to furnish each his contingent of troops. [1913 Webster] 3. (Law) A material article of an agreement; an undertaking in the nature of bail taken in the admiralty courts; a bargain. --Bouvier. Wharton. [1913 Webster] Syn: Agreement; contract; engagement. See {Covenant}. [1913 Webster] 84 Moby Thesaurus words for "stipulation": accord, agreement, allocation, arrangement, assignment, attribution, bargain, binding agreement, bond, boundary condition, cartel, catch, circumscription, clause, collective agreement, compact, condition, consortium, contract, convention, covenant, covenant of salt, deal, demand, denomination, designation, determination, dicker, donnee, employment contract, escalator clause, escape clause, escape hatch, essential, exception, fine print, fixing, formal agreement, given, grounds, guarantee, ironclad agreement, joker, kicker, legal agreement, legal contract, limit, limiting condition, mutual agreement, obligation, pact, paction, parameter, pinning down, precision, prerequisite, promise, protocol, provision, provisions, proviso, qualification, requirement, requisite, reservation, saving clause, selection, signification, sine qua non, small print, specification, string, strings, term, terms, transaction, ultimatum, understanding, undertaking, union contract, valid contract, wage contract, warranty, whereas STIPULATION, contracts. In the Roman law, the contract of stipulation was
made in the following manner, namely; the person to whom the promise was to be made, proposed a question to him from whom it was to proceed, fully expressing tho nature and extent of the engagement and, the question so proposed being answered in the affirmative, the obligation was complete. 2. It was essentially necessary that both parties should speak, (so that a dumb man could not enter into a stipulation) that the person making the promise should answer conformably to the specific question, proposed, without any material interval of time, and with the intention of contracting an obligation. 3. From the general use of this mode of contracting, the term stipulation has been introduced into common parlance, and, in modern language, frequently refer's to any thing which forms a material article of an agreement; though it is applied more correctly and more conformably to its original meaning to denote the insisting upon and requiring any particular engagement. 2 Evans' Poth. on Oblig. 19. 4. In this contract the Roman law dispensed with an actual consideration. See, generally, Pothier, Oblig. P. 1, c. 1, s. 1, art. 5. 5. In the admiralty courts, the first process is frequently to arrest the defendant, and then they take the recognizances or stipulation of certain fide jussors in the nature of bail. 3 Bl. Comm. 108; vide Dunlap's Adm. Practice, Index, h.t. 6. These stipulations are of three sorts, namely: l. Judicatum solvi, by which the party is absolutely bound to pay such sum as may be adjudged by the court. 2 De judico sisti, by which he is bound to appear from time to time, during the pendency of the suit, and to abide the sentence. 3. De ratio, or De rato, by which he engages to ratify the acts of his proctor: this stipulation is not usual in the admiralty courts of the United States. 7. The securities are taken in the following manner, namely: 1. Cautio fide jussoria, by sureties. 2. Pignoratitia; by deposit. 3. Juratoria, by oath: this security is given when the party is too poor to find sureties, at the discretion of the court. 4. Aude promissoria, by bare promise: this security is unknown in the admiralty courts of the United States. Hall's Adm. Pr. 12; Dunl. Adm. Pr. 150, 151. See 17 Am. Jur. 51.
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