De plegiis acquietandis was a legal mandate that compelled an individual who had defaulted on a payment to reimburse their guarantor. A guarantor is an individual who pledges to settle a debt if the borrower is unable to do so. This writ was employed to absolve the guarantor from their responsibility of repaying the debt on behalf of the borrower.
De plegiis acquietandis is a legal term in Latin that means “to release or discharge pledges.” It pertains to a legal order that mandates the repayment of a surety by a principal who has failed to make a necessary payment, which the surety has covered. For instance, suppose John borrowed $10,000 from a bank, and his friend Tom acted as a surety for the loan. If John fails to make the required payments, the bank may demand payment from Tom. Tom can use the writ of de plegiis acquietandis to compel John to repay him the $10,000 he had to cover. Similarly, a contractor who hires a subcontractor to complete a project may use the writ of de plegiis acquietandis to demand repayment from the subcontractor if they fail to complete the work, and the contractor has to pay another company to finish it. These examples demonstrate how the writ of de plegiis acquietandis can be employed to ensure that a surety is not burdened with the financial consequences of a principal’s failure to make a necessary payment.
De Plegiis Acquietandis is a legal term that refers to the process of releasing a surety from their obligation to pay a debt or fulfill a contract.
To release a surety under De Plegiis Acquietandis, you must provide evidence that the principal debtor has been discharged from their obligation or that the surety’s liability has been otherwise extinguished.
No, the consent of the creditor is generally required to release a surety under De Plegiis Acquietandis. The creditor must agree to release the surety from their obligation.
If the creditor refuses to release the surety under De Plegiis Acquietandis, the surety may need to seek legal remedies, such as filing a lawsuit, to enforce their right to be released from the obligation.
Yes, there may be specific requirements depending on the jurisdiction. It is important to consult with a legal professional to understand the specific requirements and procedures applicable in your jurisdiction.
In general, a surety cannot be released under De Plegiis Acquietandis if the principal debtor is still liable. The release of the surety is typically contingent upon the discharge or extinguishment of the principal debtor’s obligation.
The insolvency of the principal debtor may impact the release of a surety under De Plegiis Acquietandis. It is advisable to consult with a legal professional to understand the specific implications of insolvency on the release of a surety.
If the contract between the principal debtor and the creditor is breached, it may impact the release of a surety under De Plegiis Acquietandis. The specific circumstances and terms of the contract will determine the potential release of the surety.
Yes, if the debt is paid in full by the principal debtor, the surety may be released under De Plegiis Acquietandis. However, it is important to follow the proper legal procedures to ensure the release is valid and enforceable.
The death of the principal debtor may impact the release of a surety under De Plegiis Acquietandis. The specific laws and regulations governing surety release in case of death may vary depending on the jurisdiction. It is advisable to consult with a legal professional to understand the implications in your specific situation.
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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