Also known as: solutus · soluta · solutum · payment · discharge · performance
Written by attorneys · grounded in primary & secondary sources — see below
A Roman-law concept denoting performance of an obligation or satisfaction of a duty. It effects discharge of the underlying legal relation when the required act or payment occurs.
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Sasha Stone borrowed from Sterling Manufacturing and pledged her home as security under a mortgage. When Sasha tendered the final payment in full, the lender executed and recorded a satisfaction releasing the lien. The solutio discharged the secured obligation and restored clear title to Sasha.
Titus owed Gaius a sum under a stipulatio for sale of grain. When Titus delivered the exact quantity and quality of grain on the due date, the solutio discharged the contractual relation and freed Titus from further liability under the Roman formulary procedure.
A Roman praetor had sworn to decide cases without favor. When the praetor rendered judgment solely on the evidence presented, the solutio of that duty ended the proceeding and barred any further claim on the same cause under the same facts.
A Roman advocate was barred from taking a share of recovered property as fee in a family dispute. When the advocate refused the contingent arrangement, the solutio of the prohibition prevented the forbidden pact and protected the client from an invalid agreement.
An actor managing property for a dominus used ordinary care to locate a missing tablet. The solutio of the agency obligation satisfied the principal's expectations and avoided any claim for breach of the duty to know material facts.
A contractor promised to pay a supplier directly as part of the main stipulatio. The solutio of that promise conferred enforceable rights on the supplier as beneficiary once the payment was tendered and accepted under Roman law.
Solutio requires actual performance of the duty or payment that satisfies the obligation. Once completed, the underlying legal relation ends and the parties are released.
Supporting sources
No. Solutio encompasses any performance that fulfills the obligation, whether payment or another required act. The key is that the duty is satisfied in the manner contemplated by the parties or law.
Supporting sources
The plural form is solutiones. It refers to multiple instances of performance or satisfaction of obligations.
Supporting sources
…Delivery is not necessary to the validity of letters patent. The President cannot authorize a Secretary of State to omit the performance of those duties which are enjoined by law. When a commission for an officer not holding his office at the will of the President is by him signed and transmitted to the Secretary of State…