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Simple English definitions for legal terms
constitutum debiti
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A quick definition of constitutum debiti:
Constitutum debiti is a Latin term that means "debt agreement." In Roman law, it referred to an agreement to pay an existing debt on a fixed day. This could be one's own debt or someone else's. It was different from a stipulation because it had to be for an existing debt. If the promise was to pay one's own debt, it was called constitutum debiti proprii. If it was to pay another's debt, then it was constitutum debiti alieni. It also meant fixing a day for the repayment of money owed.
A more thorough explanation:
Definition: Constitutum debiti is a Latin term that means "debt agreement" in Roman law. It refers to an agreement to pay an existing debt, either one's own or another's, on a fixed day.
For example, if John owes $100 to Mary, and they agree that John will pay the debt on a specific date, this is a constitutum debiti. It is not a novation, which means that the creditor can still sue the original debtor. However, it differs from a stipulation because it has to be for an existing debt.
If the promise is to pay one's own debt, it is called constitutum debiti proprii. If it is to pay another's debt, then it is constitutum debiti alieni. The fixing of a day for the repayment of money owed is also considered a constitutum debiti.
Overall, constitutum debiti is a legal agreement that ensures the repayment of an existing debt on a specific date.