The Concept of acceptilatio in Roman Law

Roman law is the collection of norms that constituted the Roman legal system over approximately thirteen centuries, from the founding of Rome (conventionally dated to 753 BCE) until the end of Justinian’s Empire in 565 CE.
In Roman law, the Late Latin term acceptilatio (from acceptum ferre, meaning "to acknowledge receipt") was a formal method for extinguishing an obligation. It was a verbal and solemn transaction used to release obligations arising from sponsio dotis dictio, and iusurandum liberti, conducted through a question-and-answer format.

Item per acceptilationem tollitur obligatio. acceptilatio autem est veluti imaginaria solutio. nam quod ex verborum obligatione tibi debeam, id si velis mihi remittere, poterit sic fieri, ut patiaris haec verba me dicere: "Quod ego tibi promisi, habesne acceptum?" et tu respondeas: "Habeo." (Gaius Institutiones, Commentarius tertius, 169)

A marble relief featuring a lecture. Two scribes write down the speaker’s presentation, and at the same time the audience discusses the subject and gestures vigorously. The relief, which has been dated to the late fourth century CE, was found in a late antique building near the Temple of Hercules. Ostia Antiquarium.
A marble relief featuring a lecture. Two scribes write down the speaker’s presentation, and at the same time the audience discusses the subject and gestures vigorously. The relief, which has been dated to the late fourth century CE, was found in a late antique building near the Temple of Hercules. Ostia Antiquarium.

The debtor would ask the creditor if they had received payment of the debt (quod ego tibi promisi habesne acceptum? "Have you received what I promised?"), and the creditor would respond affirmatively (Acceptum habeo, "I have received it").
Under ancient law, no formula was accepted other than one that included the verb habere and was spoken in Latin. However, as Roman law evolved, strict adherence to this formality softened, and by the time of Ulpian, acceptilatio could be conducted in Greek.
Since it belonged to the category of actus legitimi, it did not allow for the addition of terms or conditions.
Initially, it served to extinguish an obligation regardless of whether payment had actually been made. Later, actual payment became a requirement for debt release, and acceptilatio was primarily used to grant a debt remission as a gift. It also served other purposes, such as fulfilling a legacy of release or extinguishing an obligation arising from a promise made without cause or in fraud of creditors.
Acceptilatio applied solely to verbally contracted obligations (verbis); however, through novation, any obligation could be converted into a verbally contracted obligation and subsequently extinguished through acceptilatio.

Last update: November 14, 2024

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