Legal Definitions - constitutum debiti proprii

Constitutum debiti proprii is a Latin legal term originating from Roman law. It refers to an informal agreement or promise made by a debtor to pay their own existing debt. This agreement doesn't create a new debt but rather reaffirms or acknowledges an already established obligation, often providing an assurance of payment without necessarily altering the original terms of the debt.

• Example 1 (Personal Loan): Sarah owes her friend Mark $500 from a personal loan made last month. Mark asks when she plans to repay it. Sarah replies, "I know I owe you that $500, and I promise to pay you back next Friday when I get paid."

  This illustrates constitutum debiti proprii because Sarah (the debtor) is making an informal promise to pay her own existing debt to Mark. She isn't creating a new debt; she's acknowledging and reaffirming her commitment to an obligation that already exists.

• Example 2 (Business Invoice): A small graphic design studio, "Creative Canvas," has an outstanding invoice for $2,000 from their paper supplier, "Print Essentials," for materials delivered three weeks ago. Print Essentials sends a reminder. Creative Canvas's owner emails back, "We acknowledge the $2,000 outstanding balance for the recent paper order and assure you payment will be processed within the next 48 hours."

  Here, Creative Canvas is engaging in constitutum debiti proprii. They are informally agreeing (via email) to pay their own existing debt to Print Essentials. The debt for the paper was already established upon delivery; the email serves as a reaffirmation and promise to fulfill that existing obligation.

• Example 3 (Rent Arrears): David owes his landlord, Ms. Chen, two months of back rent totaling $2,400. Ms. Chen approaches David about the overdue amount. David responds, "I understand I owe you for the past two months' rent, and I commit to paying it all by the end of the month."

  This is an instance of constitutum debiti proprii. David (the debtor) is making an informal promise to pay his own existing debt (the overdue rent) to Ms. Chen. The debt was already legally binding due to the lease agreement; David's statement serves as a re-commitment to that existing financial obligation.