Frage und Antwort in Recht und Geschäftspraxis der römischen Kaiserzeit: Die Klausel ex interrogatione facta tabellarum signatarum

Abstract

The words ex interrogatione facta tabellarum signatarum in Roman documents of the imperial period attest to a practice of recognising by the party concerned of the contents of a witness deed already drawn up. The recognition takes place following a question by the other party: "Did this happen as described in the sealed deed?", and thus in a similar way to the Roman promise of debt (stipulatio), the transaction of remission (acceptilatio), but also the conclusion of a purchase. In all these cases, the question and answer shape the solemnity of the declaration. This broader Roman practice calls into question the previously prevailing opinion that the question-answer clause in the Graeco-Egyptian papyri was always documentation of a (misunderstood) Roman stipulatio.