Legal Definitions - obsignare

The term obsignare refers to the act, in civil law, of formally setting aside or securing something—typically money or goods—that has been offered to another party but subsequently refused. This action serves to demonstrate that the offeror has fulfilled their obligation or remains ready to do so, despite the other party's refusal to accept.

Here are some examples illustrating the concept of obsignare:

• Refused Rent Payment: Imagine a tenant who attempts to pay their monthly rent to their landlord. However, due to an ongoing dispute or an attempt by the landlord to evict, the landlord refuses to accept the payment. To protect themselves from claims of non-payment, the tenant could obsignare the rent. This might involve depositing the exact rent amount into a separate, dedicated bank account, or placing it into an escrow account, and then formally notifying the landlord in writing that the payment was tendered, refused, and is now being held securely for their collection. This action proves the tenant's willingness and ability to pay, even though the landlord declined to receive it directly.

• Unaccepted Goods Delivery: Consider a situation where a supplier attempts to deliver a shipment of custom-made parts to a manufacturing company as per their contract. The manufacturing company, perhaps due to a sudden change in their production schedule or a dispute over quality, refuses to accept the delivery. To avoid being in breach of contract for non-delivery, the supplier might obsignare the goods. They could place the parts in a secure, climate-controlled warehouse, perhaps under the supervision of a neutral third party, and send a formal notice to the manufacturing company stating that the goods were offered, refused, and are now being held at their disposal. This demonstrates the supplier's fulfillment of their delivery obligation.

• Rejected Debt Repayment: Suppose an individual owes money to a creditor and attempts to make a final payment to settle the debt. The creditor, perhaps hoping to accrue more interest or to pursue a larger sum through litigation, refuses to accept the payment. To ensure they are not considered in default and to stop further interest from accumulating, the debtor could obsignare the payment. They might deposit the precise amount owed into a special account, or even with a court clerk, and formally inform the creditor that the payment was tendered, refused, and is now available for collection. This action legally secures the payment and proves the debtor's attempt to discharge their obligation.