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Legal Definitions - inficiari
Definition of inficiari
Inficiari refers to the act of denying or disavowing a fact, an obligation, or a claim, particularly within a legal context or proceeding. It signifies a formal refusal to acknowledge the truth or validity of something asserted by another party.
Denying a Financial Obligation:
Scenario: A small business owner receives an invoice from a supplier for a large shipment of goods. The owner reviews their records and firmly believes they never placed that specific order and did not receive the goods.
Explanation: By formally disputing the invoice and stating they do not owe the money, the business owner is engaging in inficiari of the alleged debt. They are denying the existence of the financial obligation.
Disputing a Contractual Term:
Scenario: During negotiations for a new lease agreement, the landlord claims that the tenant verbally agreed to be responsible for all major structural repairs. The tenant, however, maintains that no such agreement was ever made and that structural repairs remain the landlord's responsibility.
Explanation: The tenant's assertion that they did not agree to the repair clause constitutes inficiari of that specific contractual term. They are disavowing the landlord's claim about their obligation.
Contesting a Factual Assertion in Litigation:
Scenario: In a civil lawsuit concerning a car accident, the plaintiff's attorney presents evidence suggesting the defendant was speeding. The defendant's attorney, in response, introduces expert testimony and dashcam footage to argue that the defendant was driving within the legal speed limit.
Explanation: The defendant's legal team is performing inficiari of the plaintiff's assertion regarding the defendant's speed. They are formally denying the factual claim made by the opposing party.
Simple Definition
In Roman law, "inficiari" refers to the act of denying a debt or obligation when challenged in court. If a defendant denied a claim that was subsequently proven true, they could face a penalty, often having to pay double the original amount owed.