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Simple English definitions for legal terms
constitutum debiti alieni
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A quick definition of constitutum debiti alieni:
Constitutum debiti alieni is a Latin term that means "debt agreement." In Roman law, it referred to an agreement to pay an existing debt, either one's own or someone else's, on a fixed day. This was different from a new agreement or stipulation, as the creditor could still sue the original debtor. 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 was also used to refer to the fixing of a day for the repayment of money owed.
A more thorough explanation:
Definition: Constitutum debiti alieni is a Latin term used in Roman law that means "debt agreement." It refers to an agreement made to pay an existing debt, either one's own or another's, on a fixed day.
For example, if someone agrees to pay their friend's debt to a creditor on a specific date, that would be considered a constitutum debiti alieni. This type of agreement is different from a novation because the original debtor can still be sued by the creditor.
It's important to note that a constitutum must be for an existing debt. If the promise is to pay one's own debt, it's called constitutum debiti proprii.
Another example of constitutum debiti alieni would be if a company agrees to pay a supplier's debt to a bank on a specific date. This type of agreement helps to ensure that the debt is paid on time and can help to build trust between the parties involved.
Overall, constitutum debiti alieni is a legal term that refers to an agreement made to pay an existing debt on a fixed day. It's important to understand the differences between this type of agreement and other legal concepts, such as novation and stipulation.