Praestare, a term derived from Latin and utilised in Roman law, signifies fulfiling one’s commitments or assuming accountability for agreed-upon obligations.
Praestare, in Roman law, refers to the act of fulfiling a duty or assuming responsibility for something. For instance, if you borrow money, it is necessary to praestare by repaying the borrowed amount. Similarly, when you sign a contract, you are obliged to praestare by adhering to the terms of the agreement. Essentially, praestare is a legal term that signifies the fulfilment of promises or agreements. The provided examples demonstrate the various scenarios in which praestare is employed, highlighting the obligations or duties that individuals must fulfil. Failure to praestare may result in consequences such as legal repercussions or damage to one’s reputation.
Praestare is a Latin term that means “to excel” or “to perform.”
Yes, praestare is a legal term commonly used in contracts and agreements to denote a party’s obligation to perform or excel in their duties.
When praestare is included in a contract, it signifies that the party is legally bound to fulfill their obligations to the best of their ability.
Yes, if a party fails to fulfill their praestare obligations as outlined in a contract, the other party may seek legal remedies through the court system.
Praestare emphasizes a higher standard of performance or excellence compared to standard legal obligations.
Yes, parties can agree to waive or modify praestare obligations in a contract through mutual agreement.
In some cases, unforeseen circumstances may excuse a party from fulfilling their praestare obligations, but this would depend on the specific terms of the contract and applicable laws.
There are no specific legal requirements, but it is important for the parties to clearly define the scope and nature of the praestare obligations in the contract.
Praestare obligations can typically be transferred to another party through assignment or delegation, but this would also depend on the terms of the contract.
To ensure enforceability, it is advisable to seek legal advice when drafting or reviewing a contract to ensure that praestare obligations are clearly defined and legally binding.
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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