Legal Definitions - inficiatio

Inficiatio (also spelled infitiatio) refers to the act of denying a debt or an obligation. It is a refusal to acknowledge or fulfill a financial or contractual duty that is legally owed to another party.

Here are some examples to illustrate this concept:

• Example 1: Denying a Service Payment

  A small business owner hires a freelance graphic designer to create a new logo and website banner. After the designer completes the work and submits an invoice, the business owner responds by stating, "I never agreed to pay for a website banner, only the logo, and I don't believe the logo is worth the amount you're charging." This refusal to acknowledge the full agreed-upon payment for both services, or to pay the invoiced amount, constitutes inficiatio regarding the disputed portion of the debt.

• Example 2: Disputing a Loan Repayment

  Sarah lent her friend Mark $500 to help him with an unexpected car repair, with an agreement that he would repay her in two months. When Sarah reminds Mark about the upcoming repayment, Mark replies, "I don't recall you ever lending me any money. You just gave me some cash as a gift." Mark's outright denial of the existence of the loan and his obligation to repay it is an act of inficiatio.

• Example 3: Refusing a Contractual Obligation

  A construction company enters into a contract to build an extension on a client's home, which includes a clause for the company to remove all construction debris upon completion. After the extension is built, the client points out the remaining debris and asks for its removal. The construction company's project manager responds, "Our contract only covers building the structure; debris removal isn't our responsibility." This denial of the contractual obligation to clear the site is an instance of inficiatio.