Legal Definitions - adstipulator

Definition: An adstipulator is a party to a contract in Roman law who could enforce the contract along with the principal (i.e., the stipulator). They were brought in to avoid the rule that a person could not directly stipulate for payment after death. If an adstipulator enforced an agreement, they would have to pay the stipulator.

For example, if John and Jane entered into a contract, and John died before the contract was fulfilled, Jane could not directly stipulate for payment after John's death. However, if an adstipulator was included in the contract, they could enforce the contract along with Jane and pay her the agreed-upon amount.

Another example would be if a person hired a contractor to build a house, and the contractor included an adstipulator in the contract. If the contractor died before completing the house, the adstipulator could step in and enforce the contract, ensuring that the house was completed as agreed upon.

These examples illustrate how an adstipulator was used in Roman law to ensure that contracts were fulfilled even after the death of one of the parties involved.