Define: Electio Est Debitoris

Electio Est Debitoris is a legal principle that states that the debtor has the right to choose which of their obligations they want to fulfill when faced with multiple debts owed to the same creditor.

When a debtor owes multiple debts to the same creditor, they have the power to select which debt they want to pay off first. This principle allows debtors to prioritize their obligations based on their own preferences or financial circumstances.

No, Electio Est Debitoris only applies to debts that are already due and payable. It does not give debtors the right to choose which debts to pay before they become due.

In general, creditors cannot challenge the debtor’s choice under Electio Est Debitoris unless there is evidence of fraud or bad faith on the part of the debtor. The principle is designed to give debtors some flexibility in managing their obligations.

Electio Est Debitoris generally applies to all types of debts, including both monetary and non-monetary obligations. However, there may be specific laws or contractual provisions that limit its application in certain situations.

Once a debtor has made their choice under Electio Est Debitoris, it is generally binding and cannot be changed without the consent of the creditor. Debtors should carefully consider their options before making a decision.

In bankruptcy cases, the principle of Electio Est Debitoris may be superseded by specific bankruptcy laws and procedures. Debtors should consult with a bankruptcy attorney to understand how this principle applies in their specific situation.

In general, creditors cannot refuse to accept payment for a chosen debt under Electio Est Debitoris. However, if there are valid reasons for the creditor to reject the payment, such as a dispute over the amount owed, they may have the right to do so.

Electio Est Debitoris does not give debtors the right to avoid paying their debts altogether. It only allows them to prioritize their obligations when faced with multiple debts owed to the same creditor. All debts must eventually be paid unless discharged through legal means.

While Electio Est Debitoris is a recognized legal principle in many jurisdictions, there may be specific limitations or exceptions depending on the applicable laws and contractual agreements. Debtors should consult with a legal professional to understand how this principle applies in their specific situation.