Legal Definitions - excusator

Historically, an excusator was someone who offered an excuse. In old German law, the term specifically referred to a defendant who entirely denied the plaintiff's claim.

The term excusator refers to a historical legal concept, primarily with two related meanings:

• Historically, it described a person who offered an excuse or justification on behalf of another, often to explain an absence or failure to perform a duty.
• More specifically, in old German legal systems, an excusator was a defendant who completely and unequivocally denied the plaintiff's accusations or claims against them.

While not a term used in modern legal practice, it sheds light on historical legal roles and defenses.

Examples:

• Imagine a medieval guild where members were required to attend monthly meetings. If a member, Sir Alaric, fell gravely ill and could not attend, his squire might appear before the guild master. The squire would act as an excusator, explaining Sir Alaric's illness and requesting that his absence be pardoned.

  This illustrates the historical meaning of an excusator as someone providing an excuse or justification for another's inability to fulfill an obligation.

• Consider a dispute in a 14th-century German village court. A baker, named Otto, is accused by a merchant of failing to deliver a promised shipment of bread. When brought before the local magistrate, Otto firmly states that he baked and delivered the bread exactly as agreed, presenting witnesses who saw him do so. He completely denies the merchant's claim of non-delivery.

  In this scenario, Otto is acting as an excusator in the old German legal sense, as he is a defendant who wholly denies the plaintiff's accusation.