Define: Debitum Reale

Debitum Reale
Debitum Reale
Quick Summary of Debitum Reale

Real debt: A form of obligation that is linked to real estate or property, rather than a personal liability.

Full Definition Of Debitum Reale

Debitum reale is a legal term that pertains to a real debt, specifically a debt that is backed by land or property rather than a personal responsibility. For instance, when an individual obtains a mortgage to purchase a house, the mortgage becomes a debitum reale since it is secured by the property. In the event that the borrower fails to make mortgage payments, the lender has the right to foreclose on the property in order to recover the debt. This example serves to illustrate the concept of debitum reale as the debt (the mortgage) is supported by the property, granting the lender a legal entitlement to the property if the borrower defaults on the debt. Conversely, a personal obligation lacks any property collateral, thus requiring the lender to rely solely on the borrower’s creditworthiness and ability to repay the debt.

Debitum Reale FAQ'S

Debitum Reale refers to a legal concept that allows a creditor to have a claim against a specific property or asset of the debtor as security for a debt.

Unlike other security interests, Debitum Reale is specific to a particular property or asset, meaning that the creditor’s claim is limited to that specific item and does not extend to the debtor’s other assets.

Debitum Reale can be used to secure various types of debts, including loans, mortgages, and other financial obligations.

Debitum Reale is established through a legal agreement between the creditor and the debtor, typically in the form of a contract or a deed of trust.

Yes, Debitum Reale can be enforced against third parties who acquire an interest in the property or asset after the security interest has been established. This ensures that the creditor’s claim remains valid even if the property changes hands.

If the debtor fails to fulfill their obligations and defaults on the debt, the creditor has the right to enforce the Debitum Reale by seizing and selling the specific property or asset to recover the outstanding debt.

Yes, Debitum Reale can be used to secure personal debts, such as personal loans or mortgages. However, the specific laws governing Debitum Reale may vary depending on the jurisdiction.

Debitum Reale is a legal concept that exists in various legal systems around the world, although it may be known by different names or have slight variations in its application.

Yes, Debitum Reale can be waived or released by the creditor if both parties agree to terminate the security interest. This is typically done through a written agreement or a release of the Debitum Reale.

The use of Debitum Reale may be subject to certain limitations or restrictions imposed by local laws or regulations. It is important to consult with a legal professional to ensure compliance with applicable rules and requirements.

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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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