required except that the parties
should understand each other, and agree to the same thing, the words in
which such agreement was expressed being immaterial.

2 The terms of a stipulation may be absolute, or performance may either
be postponed to some future time, or be made subject to a condition.
An absolute stipulation may be exemplified by the following: 'Do you
promise to give five aurei?' and here (if the promise be made) that sum
may be instantly sued for. As an instance of stipulation in diem, as
it is called where a future day is fixed for payment, we may take the
following: 'Do you promise to give ten aurei on the first of March?' In
such a stipulation as this, an immediate debt is created, but it cannot
be sued upon until the arrival of the day fixed for payment: and even on
that very day an action cannot be brought, because the debtor ought to
have the whole of it allowed to him for payment; for otherwise, unless
the whole day on which payment was promised is past, it cannot be
certain that default has been made.

3 If the terms of your stipulation run 'Do you promise to pay me ten
aurei a year so long as I live?' the obligation is deemed absolute, and
the liability perpetual, for a debt cannot be owed till a certain
time only; though if the promisee's heir sues for payment, he will be
successfully met by the plea of contrary agreement.

4 A stipulation is conditional, when performance is made to depend on
some uncertain event in the future, so that it becomes actionable only
on something being done or omitted: for instance, 'Do you promise to
give five aurei if Titius is made consul?' If, however, a man stipulates
in the form 'Do you promise to give so and so, if I do not go up to the
Capitol?' the effect is the same as if he had stipulated for payment to
himself at the time of his death. The immediate effect of a conditional
stipulation is not a debt, but merely the expectation that at some time
there will be a debt: and this expectation devolves on the stipulator's
heir, supposing he dies himself before fulfilment of the condition.

5 It is usual in stipulations to name a place for payment; for instance,
'Do you promise to give at Carthage?' Such a stipulation as this, though
in its terms absolute, implies a condition that enough time shall be
allowed to the promisor to enable him to pay the money at Carthage.
Accordingly, if a man at Rome stipulates thus, 'Do you promise to pay
today at Carthage?' the