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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