Legal Definitions - constitutum debiti

Constitutum debiti is a concept originating from Roman law that refers to an informal promise or agreement to pay an existing debt. This promise could be made by the debtor themselves, or by a third party on behalf of the debtor.

Crucially, a constitutum debiti does not create a new debt. Instead, it serves to reinforce an obligation that already exists, making it more readily enforceable through legal action. It essentially confirms and strengthens an existing financial commitment without requiring the formalities of a new contract.

Here are some examples to illustrate this concept:

• Example 1: Personal Loan Confirmation

  Imagine Sarah borrowed $1,000 from her friend Mark several months ago. Mark reminds her about the outstanding amount. Sarah then sends Mark a text message stating, "I acknowledge I owe you the $1,000 and promise to pay you back the full amount by the end of next month."

  How it illustrates the term: Sarah is not creating a new loan agreement; she is making an informal but clear promise to settle an *existing* debt. This commitment to pay an already established obligation is an example of constitutum debiti, reinforcing her duty to repay Mark.

• Example 2: Business Invoice Settlement

  A small graphic design firm, "Creative Canvas," owes its paper supplier, "Print Essentials," $500 for materials delivered last quarter. After receiving a final overdue notice, the owner of Creative Canvas calls Print Essentials and says, "We understand the outstanding balance and commit to settling the full $500 invoice by Friday."

  How it illustrates the term: Creative Canvas is not incurring a new debt; they are formally promising to pay an *already existing* and overdue invoice. This informal promise to pay an existing business obligation is a clear instance of constitutum debiti.

• Example 3: Third-Party Promise to Pay

  John's elderly neighbor, Mrs. Henderson, has an outstanding bill of $300 with a local handyman for some repairs. Mrs. Henderson is experiencing financial difficulties. John, wanting to help, tells the handyman, "Don't worry about Mrs. Henderson's bill; I will ensure the $300 is paid by the end of the week."

  How it illustrates the term: John is not taking on a new debt for himself, nor is he formally guaranteeing a future obligation. Instead, he is making an informal promise to pay an *existing debt owed by someone else* (Mrs. Henderson). This commitment to settle an existing third-party obligation falls under the concept of constitutum debiti.