Legal Definitions - ex debito naturali

Ex debito naturali is a Latin phrase used in Scots law to describe an obligation that arises from a sense of natural justice or morality, rather than from a legally binding contract or statute. It refers to duties that people feel compelled to fulfill due to ethical considerations, even though there is no legal mechanism to force them to do so.

Here are some examples to illustrate this concept:

• Example 1: Supporting a Family Member

  Imagine a situation where an adult child, who is financially secure, learns that their elderly parent is struggling to pay for essential medical care. While there might be no legal requirement for the child to provide financial assistance beyond certain basic support laws, the child feels a strong moral duty to help their parent cover these costs.

  This feeling of responsibility is an ex debito naturali obligation. It stems from a familial bond and a sense of natural justice, not from any legally enforceable contract or statute that would compel the child to pay for all medical expenses.

• Example 2: Fulfilling a Promise of Aid

  Consider a scenario where a wealthy individual publicly promises to donate a significant sum of money to a local community center for a new youth program. The community center begins planning based on this promise, but no formal, legally binding contract is signed, nor is any consideration exchanged that would make it a legally enforceable agreement.

  The individual's commitment to donate, even without a formal contract, is an ex debito naturali obligation. It is based on their word and a moral sense of responsibility to the community, rather than a legal duty that could be enforced in court if they changed their mind.

• Example 3: Returning a Lost Item Without Reward

  Suppose someone finds a wallet full of cash and identification on the street. They take the time to track down the owner and return the wallet intact, refusing any reward offered by the grateful owner.

  The act of returning the wallet, driven by a belief in honesty and doing the right thing, is an ex debito naturali obligation. While there might be laws regarding lost property, the primary motivation here is a moral one – a natural sense of duty to restore what was lost to its rightful owner, rather than a legal compulsion to do so without expectation of reward.