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Legal Definitions - debitum in praesenti solvendum in futuro
Definition of debitum in praesenti solvendum in futuro
Debitum in praesenti solvendum in futuro is a Latin legal principle that translates to "a present debt to be paid in the future." It describes a situation where an obligation or debt is established and legally binding *at the present moment*, even though the actual payment or performance of that obligation is not required until a future date or event. The commitment exists now, but its fulfillment is deferred.
Here are some examples to illustrate this concept:
Example 1: A Mortgage Agreement
When someone signs a mortgage agreement to buy a house, they immediately incur a substantial debt to the bank. The moment the contract is signed, the borrower is legally obligated to repay the loan (debitum in praesenti). However, the actual repayment is spread out over many years through monthly installments (solvendum in futuro). The full debt exists from day one, but its performance (payment) occurs over time.
Example 2: A Pre-ordered Product
Imagine you pre-order a highly anticipated new video game or electronic device several months before its release. You might pay a deposit or even the full amount upfront, or you might simply commit to purchasing it upon release. The moment you place that pre-order and it's accepted, you have a contractual obligation to purchase the item (debitum in praesenti). However, you won't actually receive the product or make the final payment until its official launch date in the future (solvendum in futuro).
Example 3: An Employee's Accrued Vacation Pay
An employee accrues vacation time throughout the year. As they work, they earn days off that they can take later. The employer has a present obligation to provide that vacation time or pay out its equivalent if the employee leaves (debitum in praesenti). However, the actual performance of this obligation – the employee taking the vacation days or receiving the payout – will only occur at some point in the future when the employee chooses to use them or terminates their employment (solvendum in futuro).
Simple Definition
Debitum in praesenti solvendum in futuro is a Latin legal principle meaning "a present debt to be paid in the future." It describes an obligation that is fully established and binding today, even though its performance or payment is not due until a later, specified date.