Legal Definitions - de debito

De debito refers to a historical legal document, specifically a type of writ (a formal written order from a court) used to initiate a lawsuit for the recovery of a debt. In simpler terms, it was a legal tool employed in past centuries to compel someone to pay money they owed.

Here are some examples illustrating the historical application of a de debito writ:

• Example 1: Unpaid Merchant Accounts

  Imagine a cloth merchant in 15th-century England who had supplied a quantity of fine wool to a tailor on credit. When the tailor failed to pay for the goods by the agreed-upon date, the merchant could petition the court for a de debito writ. This writ would formally command the tailor to appear in court and answer the claim for the outstanding payment.

  This example illustrates de debito as a mechanism for a creditor (the merchant) to legally pursue a debtor (the tailor) for a commercial debt, initiating a formal court process to recover the money owed for goods supplied.

• Example 2: Loan Default

  Consider a landowner in the 17th century who had lent a sum of money to a neighboring farmer, secured by a promissory note. If the farmer defaulted on the loan and refused to repay, the landowner could obtain a de debito writ. This writ would serve as the official legal instrument to bring the farmer before the court to demand repayment of the principal amount of the loan.

  This example demonstrates de debito being used to enforce the repayment of a personal loan, highlighting its role in compelling a debtor to fulfill their financial obligations under a direct lending agreement.

• Example 3: Unpaid Rent

  In a medieval town, a landlord leased a property to a tenant who subsequently fell behind on several months' rent. To recover the accumulated arrears, the landlord could apply for a de debito writ. This legal order would formally summon the tenant to court to address the claim for the unpaid rent, initiating legal proceedings to recover the overdue payments.

  This example shows de debito in the context of property law, where it was used by a landlord to recover specific monetary debts, such as unpaid rent, from a tenant, thereby enforcing contractual obligations related to property occupancy.