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The end of law is not to abolish or restrain, but to preserve and enlarge freedom.
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Legal Definitions - debiti et crediti contributio
Definition of debiti et crediti contributio
Debiti et crediti contributio is a Latin legal principle that refers to the balancing of mutual debts and credits between two parties. Essentially, it allows for the offsetting of amounts owed to each other, so that only the net difference needs to be paid. This concept is closely related to the legal principle of "setoff," where reciprocal claims are used to reduce or cancel out each other.
Here are some examples illustrating this principle:
Business Transactions: Imagine two companies, "Alpha Corp" and "Beta Solutions," frequently engage in business with each other. Alpha Corp owes Beta Solutions $15,000 for a batch of custom software development. Separately, Beta Solutions owes Alpha Corp $10,000 for IT hardware and support services. Instead of each company making a full payment to the other, they can apply the principle of debiti et crediti contributio. Beta Solutions' $10,000 debt to Alpha Corp is offset against Alpha Corp's $15,000 debt to Beta Solutions. The result is that Alpha Corp only needs to pay Beta Solutions the net difference of $5,000 ($15,000 - $10,000), effectively balancing their mutual obligations.
Landlord-Tenant Security Deposit: A tenant is moving out of an apartment. The landlord holds a $2,000 security deposit. After the tenant vacates, the landlord determines that the tenant owes $700 for unpaid utilities and repairs for damages beyond normal wear and tear. Using debiti et crediti contributio, the landlord can balance the $700 owed by the tenant against the $2,000 security deposit. The landlord would then return the remaining $1,300 ($2,000 - $700) of the security deposit to the tenant, having offset the tenant's debt against the landlord's obligation to return the deposit.
Personal Loans Between Individuals: Consider two friends, Maria and David. Maria lent David $3,000 to help him with a down payment on a car. A few months later, David lent Maria $1,200 to cover an unexpected home repair. When they decide to settle their accounts, they can apply debiti et crediti contributio. David's $1,200 loan to Maria is balanced against Maria's $3,000 loan to David. Maria would then only need to repay David the net amount of $1,800 ($3,000 - $1,200), as their mutual debts have been offset and balanced.
Simple Definition
In civil law, "debiti et crediti contributio" refers to the balancing of debits and credits between two parties. This concept is specifically associated with setoff, where mutual debts can be canceled out to determine a net amount owed.