Constitutum debiti alieni, a Latin phrase, denotes a “debt agreement.” In the context of Roman law, it signified an arrangement to settle an existing debt, whether it belonged to oneself or another, on a predetermined date. This differed from a new agreement or stipulation, as the original debtor could still be sued by the creditor. If the commitment was to pay one’s own debt, it was known as constitutum debiti proprii. On the other hand, if it was to pay off someone else’s debt, it was referred to as constitutum debiti alieni. Additionally, it was utilised to indicate the establishment of a repayment date for a debt.
Constitutum debiti alieni, a Latin term used in Roman law, refers to a debt agreement. It involves an agreement to pay an existing debt, whether it is one’s own or someone else’s, on a specific date. For instance, if an individual agrees to pay their friend’s debt to a creditor on a particular day, it would be considered a constitutum debiti alieni. This agreement differs from a novation because the original debtor can still be sued by the creditor. It is crucial to note that a constitutum must pertain to an existing debt. If the promise is to pay one’s own debt, it is referred to as constitutum debiti proprii. Another example of constitutum debiti alieni would be if a company agrees to pay a supplier’s debt to a bank on a specific date. This type of agreement ensures timely debt payment and fosters trust between the parties involved. In summary, constitutum debiti alieni is a legal term that signifies an agreement to pay an existing debt on a fixed day. It is important to comprehend the distinctions between this type of agreement and other legal concepts, such as novation and stipulation.
Constitutum Debiti Alieni is a legal concept that allows a person to assume the debt of another individual.
Under Constitutum Debiti Alieni, a person agrees to take on the debt of another individual, becoming responsible for its repayment.
Yes, Constitutum Debiti Alieni is a legally binding agreement between the parties involved.
No, only individuals who have the legal capacity to enter into contracts can participate in Constitutum Debiti Alieni.
In general, Constitutum Debiti Alieni agreements cannot be revoked unless both parties mutually agree to do so.
The person who assumed the debt through Constitutum Debiti Alieni becomes fully responsible for its repayment and may face legal consequences if they fail to fulfill their obligations.
Yes, if one party fails to fulfill their obligations under the agreement, the other party can seek legal remedies through the court system.
There may be certain limitations depending on the jurisdiction, but in general, most types of debts can be assumed through Constitutum Debiti Alieni.
No, Constitutum Debiti Alieni only allows for the assumption of debt by one individual from another. It does not permit the transfer of debt to a third party.
The decision to enter into a Constitutum Debiti Alieni agreement should be carefully considered, as assuming someone else’s debt can have significant financial implications. It is recommended to seek legal advice before entering into such an agreement.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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