The term “Nomina debitorum” in Latin refers to the entries of names of debtors in a ledger, representing records of debt in Roman law. Another related term is “nomen transcripticium,” which means “entry transferred” and describes a creditor’s action of transferring a money debt from one account to another with the debtor’s consent. This process creates a literal contract from an existing obligation, potentially making it enforceable. The previous contracts between the parties are novated or extinguished, and replaced with a single obligation, simplifying the accounts and preventing disputes over past transactions.
Nomina debitorum is a Latin term that refers to the entries of names of debtors in a ledger, representing records of debt in Roman law. It is related to nomen transcripticium, which is the entry of a money debt into a new account after closing another account, creating a literal contract from an existing obligation with the debtor’s permission. This process, known as nomen transcripticium, simplifies accounts and saves disputes about previous transactions, ultimately benefiting both parties involved. In summary, these terms are used in Roman law to denote records of debt and a creditor’s entry of a money debt into a new account.
Nomina Debitorum refers to a legal term that translates to “list of debtors” in Latin. It is a document that contains the names of individuals or entities who owe a debt to a particular creditor.
The Nomina Debitorum is typically created by the creditor or their legal representative. It is a tool used to keep track of outstanding debts and facilitate the collection process.
The Nomina Debitorum itself is not legally binding. However, it serves as evidence of the debt owed by the listed individuals or entities. The legal binding nature of the debt arises from the underlying agreement or contract between the creditor and debtor.
Yes, a debtor has the right to dispute their inclusion in the Nomina Debitorum. They can provide evidence to prove that they do not owe the debt or that the debt has been paid off. It is advisable for debtors to consult with a legal professional to handle such disputes.
No, a creditor cannot add someone to the Nomina Debitorum without their knowledge. The debtor must have an existing debt relationship with the creditor, and their inclusion in the list should be based on accurate and verifiable information.
The duration for which a debtor’s name remains on the Nomina Debitorum depends on various factors, such as the terms of the debt agreement and applicable laws. Generally, the name will remain on the list until the debt is fully paid or resolved.
In most cases, a creditor is not allowed to share the Nomina Debitorum with third parties without the debtor’s consent. However, there may be exceptions if required by law or if the creditor needs to disclose the information to pursue legal action or debt collection.
Yes, a debtor can request removal from the Nomina Debitorum after paying off the debt. The creditor should update the list accordingly to reflect the debt as resolved or paid in full.
No, a debtor cannot be sued solely based on their inclusion in the Nomina Debitorum. The list serves as evidence of the debt, but legal action can only be pursued if the debtor fails to fulfill their obligations as outlined in the underlying agreement or contract.
Yes, a creditor may sell or transfer the Nomina Debitorum to another party, such as a debt collection agency. However, the transfer should comply with applicable laws and regulations, and the debtor’s rights and privacy should be protected throughout the process.
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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