Agreement Of Stipulation

The arbitrator ex compromisso sumptus had no coercive jurisdiction and, in order to make his award effective, the reference agreement was confirmed by a provision and generally provided for a sanction (poena, petunia compromissa) in case of disobedience. The only difference between a separation agreement and a conjugal agreement or settlement agreement is that, in the latter case, a divorce action must be pending before the parties conclude the agreement. The terms of the agreement are then included in a divorce decree. Once divorced, the parties can remarry, are no longer allowed to stay in each other`s health insurance plans, and can distribute pension funds to the other spouse without tax consequences, in accordance with the terms of the agreement. The word derives from the Latin word stipula “straw”. For example, both parties can establish certain facts and are therefore not obliged to argue them in court. Once the provision is completed, it is submitted to the judge. The provisions can cover a large number of issues. The parties are entitled to take steps to dismiss or terminate an action, to impose the problems to be pursued or to authorize, exclude or withdraw evidence. .

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