Legal Definitions - constitutum

In Roman law, a constitutum referred to a formal agreement to pay an existing debt by a specific, agreed-upon date. This promise could be made either for one's own debt (known as constitutum debiti proprii) or for the debt of another person (called constitutum debiti alieni).

A key characteristic of a constitutum was that it did not replace or extinguish the original debt. Instead, it created an additional, enforceable promise to pay by the specified deadline. The original debtor and their initial debt obligations remained fully intact, meaning the creditor could pursue either the original debt or the new promise if payment was not made.

Here are some examples illustrating the concept of a constitutum:

• Example 1: Paying One's Own Debt

  Imagine a Roman merchant, Lucius, who owes a supplier, Marcus, for a shipment of olive oil that has already been delivered. Marcus is pressing for payment. To formally reassure Marcus and set a clear deadline, Lucius appears before a magistrate and formally agrees to pay the outstanding 300 sesterces by the Kalends of May. This formal agreement constitutes a constitutum. If Lucius fails to pay by the Kalends of May, Marcus could sue based on this new, specific promise, or he could still sue based on the original debt for the delivered goods. The original debt was not erased by this new agreement.

  This example illustrates a constitutum because it involves a formal promise to pay an existing debt (for the olive oil) by a fixed date (Kalends of May), and it is Lucius's own debt.

• Example 2: Paying Another's Debt

  Consider a young Roman citizen, Gaius, who has borrowed money from a moneylender, Octavia. Gaius is struggling to repay the loan, and Octavia is growing concerned. Gaius's wealthy uncle, Decimus, wanting to help his nephew and maintain his family's reputation, formally agrees before a magistrate to pay Gaius's existing debt of 800 sesterces to Octavia by the Ides of June. This agreement is a constitutum. If Decimus fails to pay by the I Ides, Octavia could pursue Decimus based on this new promise, or she could still pursue Gaius for the original loan.

  This example demonstrates a constitutum because it is a formal promise to pay an existing debt (Gaius's loan) by a fixed date (Ides of June), but it is another person's debt that Decimus is promising to pay.

• Example 3: Formally Setting a Payment Date

  A Roman builder, Quintus, has completed a new villa for a client, Julia, but Julia has not yet paid the final installment of 500 sesterces as per their original contract. To formalize the payment schedule, Quintus and Julia appear before a magistrate, and Julia formally agrees to pay the remaining balance for the construction work by the end of the month. This act of formally setting a specific payment date for an existing obligation, creating a new, enforceable promise without nullifying the original contractual debt, is considered a constitutum.

  This example highlights the aspect of a constitutum as the formal fixing of a day for the repayment of an existing debt, adding a layer of legal enforceability to the payment deadline.