Legal Definitions - debet sine breve

Debet sine breve is a Latin legal phrase that translates to "debt without a writ." Historically, a "writ" was a formal written order from a court, often required to initiate many types of lawsuits. The phrase refers to two related concepts:

• A less formal legal action for debt: In older legal systems, certain debt claims could be brought before a court using a simpler document, sometimes called a "bill," rather than a more complex and formal "writ." This meant the legal process to recover the debt was initiated without the need for a specific, formal writ from a higher authority.
• A debt acknowledged by a judgment: More commonly in modern understanding, debet sine breve refers to a situation where a debt is legally established and enforceable through a court judgment, but without the need for a full, contested lawsuit. This often occurs when a debtor has previously agreed, typically in a contract, to allow a judgment to be entered against them if they fail to pay the debt. This is known as a "confession of judgment."

Here are some examples illustrating how this term applies:

• Example 1 (Business Loan with Confession of Judgment):

  A startup company secures a line of credit from a financial institution. As part of the extensive loan documentation, the company's founders sign a "confession of judgment" clause. This clause legally binds them to allow the lender to obtain a court judgment for the outstanding debt immediately, without a full trial, if the company defaults on its payments. Should the startup fail to repay the loan, the lender can present this agreement to the court, and a judgment is entered. This debt, now legally recognized by a judgment without a contested lawsuit, exemplifies a debet sine breve.

• Example 2 (Commercial Real Estate Lease):

  A developer leases a large parcel of land for a multi-year project. The lease agreement includes a provision where the developer, as the tenant, agrees that if they default on rent payments or other financial obligations under the lease, the landlord can directly seek a court judgment for the owed amounts. When the developer encounters financial difficulties and misses several payments, the landlord utilizes this pre-agreed clause to secure a judgment for the unpaid rent. This judgment, obtained without the need for a lengthy legal battle, establishes the debt as a debet sine breve.