Legal Definitions - debitor non praesumitur donare

Debitor non praesumitur donare is a legal principle that translates from Latin to "a debtor is not presumed to make a gift." This principle means that if a person who owes money (a debtor) makes a payment to the person they owe (a creditor), the law generally assumes that this payment is intended to satisfy or reduce the existing debt. This presumption holds true unless there is clear and unmistakable evidence demonstrating that the debtor's true intention was to make a gift, rather than to fulfill their financial obligation.

• Example 1: Loan Repayment Between Friends

  Imagine Sarah borrowed $200 from her friend, Tom, to help cover an unexpected car repair. A month later, Sarah transfers $100 to Tom's bank account without any specific note or message. Under the principle of debitor non praesumitur donare, Tom would reasonably assume, and the law would presume, that the $100 payment is a partial repayment of the $200 debt Sarah owes him. It would not be considered a random gift unless Sarah had explicitly stated, for instance, in the transfer notes, that the money was a present.

• Example 2: Business Invoice Payment

  A small marketing agency, "Bright Ideas LLC," owes its freelance graphic designer, Maria, $750 for work completed on a recent project. Bright Ideas LLC sends a $750 payment to Maria's business account. Maria, as the creditor, would automatically apply this payment to the outstanding invoice for her services. The legal principle of debitor non praesumitur donare means that Maria is not expected to question whether Bright Ideas LLC is suddenly making a generous donation; it is presumed to be payment for the professional services rendered and the debt owed.

• Example 3: Family Context with Clear Intent

  Suppose Michael owes his brother, Alex, $1,500 for a shared vacation expense that Alex initially covered. On Alex's birthday, Michael sends him $300 along with a card that explicitly states, "Happy Birthday, Alex! Here's a little something to celebrate." In this scenario, while Michael is a debtor to Alex, the clear and explicit message accompanying the payment indicates his intent to make a gift. This clear evidence of donative intent would overcome the presumption of debitor non praesumitur donare, meaning the $300 would likely be considered a birthday gift rather than a reduction of the $1,500 vacation debt.