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Legal Definitions - infitiatio
Definition of infitiatio
Infitiatio refers to the act of denying a claim, especially in a legal context. It typically involves a refusal to acknowledge a debt, a responsibility, or an accusation made by another party in a legal proceeding.
Here are some examples to illustrate this concept:
Denial of a Debt: Imagine a small business receives a formal demand for payment from a supplier for an invoice they believe they have already paid. After checking their financial records, the business owner finds clear proof, such as a bank statement and a receipt, showing the payment was processed weeks ago.
This situation demonstrates infitiatio because the business owner is formally denying the existence of the outstanding debt claimed by the supplier, based on evidence that the obligation has already been fulfilled.
Denial of Liability: Consider a scenario where a property owner is sued by a neighbor who claims that a leaky pipe on the property owner's land caused water damage to their adjacent garage. The property owner, however, has had their plumbing inspected and has a report from a certified plumber stating that the leak originated from the neighbor's own property and not theirs.
The property owner's response, rejecting responsibility for the damage based on the plumber's findings, is an act of infitiatio. They are denying the neighbor's allegation that they are liable for the repair costs.
Denial of an Allegation in a Contract Dispute: Suppose a software development company is accused by a client of failing to deliver a specific feature that was promised in their contract. The company, in response, presents detailed project logs, internal communications, and client acceptance forms showing that the feature was not only developed but also demonstrated to and approved by the client months prior.
The software company's action of refuting the client's claim with documented evidence is an example of infitiatio. They are denying the truth of the client's allegation regarding the non-delivery of the contractual obligation.
Simple Definition
Infitiatio, a term from Roman law, refers to the act of denying a debt or liability. It also encompasses the denial of an allegation made by a plaintiff in a legal proceeding.