Jus exigendi refers to the legal right of a creditor to request immediate payment of a debt. In the case of someone owing money to another person, the creditor is entitled to demand payment without delay. Nevertheless, if there is a predetermined timeframe for payment, the creditor may be required to wait until that period has elapsed before exercising their right to demand payment.
Jus exigendi is a Latin term used in Scots law to describe a creditor’s ability to request immediate payment of a debt. For instance, if someone owes money to a creditor, the creditor has the right to demand immediate payment of the debt. This right is referred to as jus exigendi. Another example is when a testator leaves a legacy to a legatee in their will. The legatee obtains the jus crediti, or the right to the debt, upon the testator’s death. However, they cannot enforce payment of the legacy until a specific period of time has elapsed. Once the debt becomes prestable, the legatee acquires the jus exigendi, or the right to demand immediate payment of the debt. In summary, jus exigendi is a crucial concept in Scots law that safeguards the rights of creditors and ensures timely debt repayment.
Jus exigendi is a legal term that refers to the right to demand payment or performance of a legal obligation.
Jus exigendi is the right to demand payment or performance, while jus ad rem is the right to the thing itself.
Yes, jus exigendi can be transferred through assignment or delegation, as long as it is not prohibited by law or contract.
The limitations on jus exigendi are typically determined by the terms of the contract or legal obligation, as well as any applicable laws or regulations.
Yes, jus exigendi can be waived by the party entitled to it, either explicitly or implicitly through their actions.
If a party fails to exercise their jus exigendi rights within the applicable statute of limitations, they may lose the right to demand payment or performance.
Yes, if a party fails to comply with a jus exigendi demand, the entitled party can seek enforcement through legal action, such as a lawsuit.
Yes, there are various defences that can be raised in response to a jus exigendi claim, such as lack of performance by the entitled party or the expiration of the statute of limitations.
Yes, jus exigendi rights can be created through oral agreements, but it is generally advisable to have such agreements in writing to avoid disputes.
To protect your jus exigendi rights, it is important to clearly define the terms of any legal obligations or contracts, keep thorough records of performance and payments, and seek legal advice if necessary.
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: 16th April 2024.
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