Define: Conventional Remission

Conventional Remission
Conventional Remission
Quick Summary of Conventional Remission

Conventional remission refers to the act of forgiving someone who owes money, typically by the person they owe it to. It can be likened to receiving a generous “I forgive you” from someone with the authority to do so. This concept also applies to situations where individuals are pardoned for their wrongdoings or relieved from a punishment. In medical contexts, remission signifies an improvement or complete disappearance of disease symptoms.

Full Definition Of Conventional Remission

In civil law, conventional remission refers to the act of a creditor forgiving a debt owed by a debtor. This forgiveness is granted by the creditor who has the legal authority to do so. For instance, if an individual owes money to a bank and the bank decides to waive the debt, this is an instance of conventional remission. The bank possesses the legal power to forgive the debt owed by the individual. Conventional remission is distinct from tacit remission, which occurs when a creditor relinquishes an original title to the debtor, resulting in the remission of the debt. In summary, conventional remission is a legal phrase that denotes the act of a creditor forgiving a debt, provided they have the legal authority to do so.

Conventional Remission FAQ'S

Conventional remission refers to the act of forgiving or pardoning a debt or obligation by mutual agreement between the parties involved, without the involvement of a court or legal process.

Yes, conventional remission is legally binding as long as it meets the requirements of a valid contract, such as offer, acceptance, consideration, and intention to create legal relations.

Yes, if one party fails to fulfill their obligations under the conventional remission agreement, the other party can seek legal remedies and enforce the terms of the agreement through a court process.

Conventional remission can generally be revoked if both parties agree to do so. However, once the debt or obligation has been fully discharged, it cannot be revoked.

In some jurisdictions, conventional remission may have tax implications. It is advisable to consult with a tax professional to understand the specific tax consequences of forgiving a debt or obligation.

Conventional remission can be used for various types of debts or obligations, including loans, contracts, or even personal debts between individuals.

Yes, conventional remission and debt forgiveness are essentially the same concept, where a debt or obligation is forgiven or pardoned by mutual agreement.

While conventional remission can be done verbally, it is highly recommended to have the agreement in writing to avoid any misunderstandings or disputes in the future.

Conventional remission can be challenged in court if there is evidence of fraud, duress, undue influence, or any other legal grounds that invalidate the agreement.

Conventional remission is a concept that exists in many legal systems, but the specific requirements and enforceability may vary. It is important to consult with a legal professional familiar with the applicable jurisdiction to understand the specific rules and regulations.

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Disclaimer

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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