Simple English definitions for legal terms
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Term: ELECTIO EST DEBITORIS
Definition: In Scots law, electio est debitoris means that the debtor has the choice. This means that if there are different ways to fulfill an obligation, the debtor can choose the method of payment. It is the opposite of electio est creditoris, which means that the creditor has the choice.
Definition: Electio est debitoris (i-lek-shee-oh est deb-i-tor-is) is a Latin term used in Scots law. It means that the debtor has the choice or election. If the law provides different ways to fulfill an obligation, the debtor can choose the method of payment.
Example: Let's say John owes $100 to his creditor. The law allows him to pay the debt in cash or by transferring the ownership of his car to the creditor. In this case, electio est debitoris means that John has the right to choose how he wants to pay the debt. He can either give $100 in cash or transfer the ownership of his car to the creditor.
Explanation: The example illustrates how electio est debitoris works in practice. The debtor has the right to choose the method of payment that suits him best. This principle ensures that the debtor is not forced to use a payment method that may be inconvenient or disadvantageous to him.