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Cautio
(574 words)

[German version]

(from cavere). A conditional promise of payment in the form of a  stipulatio , to secure a right. If this promise is linked to a pledge ( pignus ) or a  surety, then it is also called a  satisdatio . For Roman legal praxis, cautiones were a tried and tested means to anticipate future problems.

By Roman procedural law, legal representatives could act only as independent parties to a case, so that the verdict was pronounced for or against them (Gai. Inst. 4,86). For this reason, if the defendant was represented, the plaintiff ensured by means of a cautio iudicatum solvi (Dig. 46,…

Cite this page
Willvonseder, Reinhard (Vienna), “Cautio”, in: Brill’s New Pauly, Antiquity volumes edited by: Hubert Cancik and , Helmuth Schneider, English Edition by: Christine F. Salazar, Classical Tradition volumes edited by: Manfred Landfester, English Edition by: Francis G. Gentry. Consulted online on 16 August 2022 <http://dx.doi.org/10.1163/1574-9347_bnp_e229460>
First published online: 2006
First print edition: 9789004122598, 20110510



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