Legal Definitions - acceptilation

Acceptilation refers to a concept primarily found in Roman and civil law where an obligation or debt is formally and completely discharged through a verbal agreement, even if the full amount owed has not been paid. This discharge often involves a symbolic or fictitious payment to formalize the release, effectively ending the legal duty without actual full performance.

• Example 1: Personal Loan Forgiveness

  Imagine Sarah lent her friend Mark $1,000. Mark has repaid $600 but is facing unexpected financial hardship. Sarah, understanding Mark's situation, verbally tells him, "Mark, I release you from the remaining $400 debt. Consider it fully paid." Mark agrees, and they shake hands to acknowledge the agreement.

  This situation demonstrates acceptilation because Sarah, the creditor, orally releases Mark from his remaining financial obligation. Despite not receiving the full $1,000, her verbal declaration completely discharges Mark's debt, treating it as if the entire amount had been paid.

• Example 2: Service Contract Release

  A small landscaping company, "GreenThumb," was hired by a client to complete a complex garden renovation project for $5,000. Due to an unforeseen illness among its crew, GreenThumb could only complete about 90% of the work. The client, impressed with the quality of the completed portion and sympathetic to GreenThumb's difficulties, verbally states, "I consider the project fully finished and release GreenThumb from any further work or outstanding obligations."

  Here, the client uses acceptilation to release GreenThumb from the remaining 10% of the service obligation. Even though the contract was not 100% fulfilled, the client's oral declaration provides a complete discharge, treating the entire service contract as if it were fully performed.

• Example 3: Symbolic Payment for Outstanding Rent

  A tenant, Ms. Chen, owed her landlord, Mr. Davies, $1,500 for the last month's rent. Ms. Chen had to move out suddenly due to a family emergency. Mr. Davies, recognizing Ms. Chen had been an excellent tenant for years and wanting to avoid a lengthy collection process, verbally told her, "Consider your outstanding rent settled. Just give me this single flower as full payment for the $1,500." Ms. Chen hands him a flower.

  This scenario illustrates acceptilation because Mr. Davies orally releases Ms. Chen from her $1,500 rent debt. The act of handing over a single flower serves as a fictitious or symbolic payment, formalizing the complete discharge of the much larger financial obligation, even though the full monetary amount was never actually paid.