Legal Definitions - debitum subesse

Debitum subesse is a historical Latin legal phrase that translates to "that the debt is due" or "the debt is owed." It refers to the principle that a financial obligation exists and is presently enforceable, meaning the creditor has a right to demand payment and the debtor has a duty to pay.

This concept was historically important in establishing the validity and immediate collectability of a debt.

• Example 1: Loan Repayment

  Imagine Sarah borrowed money from a friend with an agreement to repay the full amount by the first of the month. When the first of the month arrives and the payment has not been made, her friend can assert that "debitum subesse" applies. This means the debt is now due and payable, and Sarah is legally obligated to fulfill her repayment commitment.

• Example 2: Payment for Completed Services

  Consider a small business that hired an independent contractor to build a new website. The contract specified that payment was due upon completion of the project. Once the contractor delivers the finished website and it meets all contractual specifications, the contractor can claim "debitum subesse." The debt for their services is now due, as the conditions for payment have been met, and the business has an immediate obligation to pay.

• Example 3: Court-Ordered Damages

  Suppose a court issues a judgment ordering Company X to pay Company Y a specific sum of money for breach of contract, with a deadline for payment set for 30 days from the judgment date. After those 30 days have passed without payment, Company Y can state that "debitum subesse" applies. The court's ruling established the debt, and the passing of the payment deadline makes that debt immediately due and enforceable by law.