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Pactum Constitutae Pecuniae: An In-Depth Look at Its Legal Significance
Definition & Meaning
Pactum constitutae pecuniae is a legal agreement where a person commits to pay a specific amount of money, either to settle their own debt or someone else's, by a certain date. This type of agreement establishes a clear obligation and timeline for payment, providing assurance to the creditor about when they can expect to receive their funds.
Table of content
Legal Use & context
This term is commonly used in civil law contexts, particularly in debt collection and contract law. It serves as a formal acknowledgment of a debt and specifies the terms under which payment will be made. Users can often manage these agreements themselves with the right legal templates, such as those available through US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person owes $1,000 to a friend and agrees to pay it back in full by the end of the month. They create a pactum constitutae pecuniae to formalize this agreement.
Example 2: A business owner has an outstanding loan of $5,000. They enter into a pactum constitutae pecuniae with the lender, promising to pay back the loan in installments over six months. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Differences
California
Enforceability of oral agreements may vary.
New York
Written agreements are preferred for clarity.
Texas
Specific requirements for repayment terms may apply.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Pactum constitutae pecuniae
Agreement to pay a fixed sum by a certain date.
Focuses on a specific payment obligation.
Promissory note
Written promise to pay a specified amount.
More formal and may involve interest rates.
Debt settlement agreement
Agreement to settle a debt for less than owed.
Involves negotiation and may reduce total debt.
Common misunderstandings
What to do if this term applies to you
If you find yourself needing to create a pactum constitutae pecuniae, consider using a legal template from US Legal Forms to ensure that your agreement is properly structured. If your situation is complex or involves significant amounts of money, it may be wise to consult a legal professional for tailored advice.
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