Stipulatio

' was the basic form of contract in Roman law. It was made in the format of question and answer.

==Capacity== In order for a contract to be valid, parties must have capacity': both intellectus ("understanding") and voluntas ("wish", "will"). Lunatics and infants lacked intellectus, and could not fully understand a legally-binding contract, or understand it, and therefore could not legally agree to one. Slaves lacked voluntas and therefore could not contract. Although slaves could not be bound by a contract, they could contract to benefit their master, even without his permission, (because he would then be able to choose whether or not to enforce it) or with his consent, might burden him, because he would provide the necessary voluntas. Wards and women could stipulate under their tutor's authority, and this was not needed if they benefited under the stipulation.