Legal Definitions - praestare

Praestare is a Latin term originating from Roman law that describes the act of fulfilling a duty or accepting responsibility.

It encompasses two primary meanings:

• To carry out or complete an obligation, promise, or duty.
• To assume or be held accountable for a specific liability, often financial or legal in nature.

Here are some examples to illustrate its application:

• Example 1: Performing a Service Obligation

  Imagine a landscaping company that signs a contract to maintain a client's garden, including weekly mowing, weeding, and seasonal planting. When the company consistently performs these tasks according to the agreed schedule and standards, they are said to praestare by fulfilling their contractual obligations to the client.

• Example 2: Undertaking Financial Liability

  Consider a situation where a parent co-signs a lease agreement for their adult child's apartment. By co-signing, the parent praestare by undertaking liability for the lease. This means that if the child fails to pay rent or causes damage to the property, the parent becomes legally responsible for those financial obligations.

• Example 3: Fulfilling a Product Warranty

  A consumer purchases a new electronic device that comes with a one-year manufacturer's warranty covering defects. If the device malfunctions due to a manufacturing flaw within that year, and the manufacturer repairs or replaces it as promised, they praestare by performing their obligation under the warranty agreement.