Legal Definitions - debitum sine breve

Debitum sine breve, also known as debet sine breve, is a historical legal term meaning "debt without a writ." It referred to a debt that could be recovered in court without the necessity of obtaining a specific royal writ to initiate the legal proceedings, simplifying the action for certain types of claims.

The Latin term debitum sine breve translates to "debt without a writ." In historical common law, a "writ" was a formal written order from a court, often necessary to initiate a specific type of legal action. Therefore, debitum sine breve refers to a debt that was considered so clear, certain, and straightforward that a party could sue to recover it without needing a special, formal court writ to begin the legal process. It applied to situations where the amount owed was fixed and easily ascertainable, rather than requiring a complex assessment of damages.

• Example 1: Unpaid Rent

  Imagine a tenant who signed a lease agreeing to pay $1,500 in rent each month. If the tenant fails to pay rent for a particular month, the landlord is owed a fixed and certain amount of $1,500. This is a debitum sine breve because the debt is for a specific, known sum, clearly established by the lease agreement. The landlord would not need a special, complex writ to sue for this unpaid rent; a standard action for debt would be appropriate.

• Example 2: Goods Sold on Credit

  Consider a small business that sells a customer a custom-made desk for an agreed price of $800, with payment due in 30 days. If the customer takes the desk but fails to pay, the $800 owed is a debitum sine breve. The amount of the debt is fixed and certain, based on the agreed-upon price of the goods. The business can pursue recovery of this specific sum without needing a specialized writ to initiate the claim, as the debt itself is not subject to further calculation or dispute regarding its value.

• Example 3: Simple Loan Repayment

  Suppose an individual lends a friend $500, with an agreement that the friend will repay the exact amount within two months. If the friend defaults on this repayment, the $500 owed is a debitum sine breve. The debt is for a precise, predetermined sum of money. The lender can pursue legal action to recover this specific amount without requiring a special court order or complex procedural steps beyond a standard claim for debt.