Constitutum debiti, a Latin term meaning “debt agreement,” was used in Roman law to refer to an agreement to repay an existing debt on a specific day. This agreement could pertain to one’s own debt or someone else’s. Unlike a stipulation, constitutum debiti required the debt to already exist. If the agreement was to repay one’s own debt, it was known as constitutum debiti proprii. If it was to repay another person’s debt, it was called constitutum debiti alieni. Additionally, it involved setting a specific day for the repayment of owed money.
Constitutum debiti, a term in Roman law, refers to a debt agreement. It involves an agreement to repay an existing debt, whether it is one’s own or someone else’s, on a predetermined date. For instance, if John owes $100 to Mary and they agree that John will settle the debt on a specific day, this would be considered a constitutum debiti. It is important to note that constitutum debiti does not constitute a novation, meaning the original debtor can still be sued by the creditor. However, it differs from a stipulation in that it specifically pertains to an existing debt. If the agreement is to repay one’s own debt, it is referred to as constitutum debiti proprii. On the other hand, if it involves repaying someone else’s debt, it is known as constitutum debiti alieni. Additionally, fixing a specific date for the repayment of owed money is also considered a constitutum debiti. In summary, constitutum debiti is a legal agreement that ensures the repayment of an existing debt on a predetermined date.
Constitutum Debiti is a legal term that refers to an agreement to pay a debt that is not yet due.
Yes, Constitutum Debiti is enforceable as long as it meets the requirements of a valid contract, such as offer, acceptance, and consideration.
Constitutum Debiti can be verbal, but it is always best to have any agreement in writing to avoid misunderstandings.
If one party fails to fulfill their Constitutum Debiti obligation, the other party may have legal recourse, such as suing for breach of contract.
Yes, a Constitutum Debiti agreement can be cancelled or modified if both parties agree to the changes.
The statute of limitations for enforcing a Constitutum Debiti agreement varies by jurisdiction, so it is important to consult with a legal professional.
In most cases, a minor cannot enter into a Constitutum Debiti agreement without the consent of a parent or guardian.
Yes, a Constitutum Debiti agreement can be assigned to another party with the consent of all parties involved.
If the debt is disputed, the parties may need to resolve the dispute through negotiation, mediation, or litigation.
Yes, it is always advisable to seek legal advice before entering into any agreement, including a Constitutum Debiti agreement, to ensure that your rights and obligations are protected.
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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