In civil law, a constitutum refers to an agreement where one party agrees to pay an existing debt without any additional conditions imposed by either the debtor or a third party. This type of agreement is distinct from a stipulation for an existing debt, which may involve specific terms or conditions.
The term constitutum is primarily used in civil law contexts, particularly in agreements related to debt obligations. It is relevant in various legal practices, including contract law and financial transactions. Users may encounter this term when dealing with debt settlements or restructuring agreements. Accessing legal templates from US Legal Forms can help individuals draft such agreements effectively.
Here are a couple of examples of abatement:
Example 1: A person owes $5,000 to a creditor. They enter into a constitutum, agreeing to pay the full amount without any new terms. This agreement confirms the original debt.
Example 2: A business has an outstanding loan and agrees to continue payments under a constitutum, reaffirming their obligation without altering the loan terms. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Notes |
|---|---|
| California | Recognizes constitutum in civil agreements but may require specific documentation for enforceability. |
| Texas | Similar principles apply, but state laws may impose additional requirements for debt agreements. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Stipulation | An agreement that includes specific terms or conditions for a debt. | Stipulations impose additional requirements, while constitutum does not. |
| Debt Settlement | An agreement to pay less than the full amount owed. | Debt settlements often involve negotiation, unlike constitutum, which reaffirms the full debt. |
If you find yourself in a situation involving a constitutum, consider the following steps:
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A constitutum is an agreement to pay an existing debt without imposing new conditions.