Legal Definitions - constitutum debiti alieni

The term constitutum debiti alieni is a Latin phrase originating from Roman law. It refers to a specific type of legal promise where one person formally agrees to pay an existing debt that is owed by someone else.

Essentially, it's a commitment made by a third party to take on the financial responsibility for another individual's or entity's pre-existing obligation. This promise creates a direct legal relationship between the person making the promise and the creditor, even though the original debt was not theirs.

Here are some examples to illustrate this concept:

• Example 1: Parent guaranteeing a child's loan

  Imagine a college student, Emily, has an outstanding balance on her tuition fees. Her parents want to ensure she can continue her studies without interruption. Her father, Mr. Davis, formally contacts the university's finance department and promises that if Emily fails to pay her remaining tuition balance by the deadline, he will personally cover the amount due. In this scenario, Mr. Davis's promise to the university to pay Emily's existing tuition debt would be an example of constitutum debiti alieni.

• Example 2: Business owner backing a company debt

  A small construction company, "Build-It-Right Inc.," owes its lumber supplier, "Timberland Supply," for a large shipment of materials that has already been delivered. The company is experiencing temporary cash flow issues. To maintain a good relationship and ensure future supplies, the owner of Build-It-Right Inc., Ms. Chen, personally signs an agreement with Timberland Supply, promising that if Build-It-Right Inc. cannot pay the outstanding invoice within 60 days, she will personally pay the debt. Ms. Chen's promise to pay her company's existing debt to Timberland Supply exemplifies constitutum debiti alieni.

• Example 3: Friend covering a utility bill

  Liam's roommate, Chloe, has an overdue electricity bill, and the utility company has threatened to disconnect service. To prevent the power from being shut off, Liam calls the utility company and formally promises them that he will pay Chloe's outstanding balance if Chloe does not settle it by the end of the week. Liam's commitment to pay Chloe's existing electricity debt to the utility company is another instance of constitutum debiti alieni.