Also known as: debita · debt · due
Written by attorneys · grounded in primary & secondary sources — see below
An actionable debt under Roman law consisting of money or other thing actually owed, where there exists both a duty and a liability to repay.
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Diana Delgado borrowed funds from Delta Dynamics to purchase land. She executed a mortgage pledging the real property as security for repayment of the loan amount. When Diana defaulted on installments, Delta Dynamics initiated foreclosure to recover the debitum from the sale proceeds.
Diana Delgado's Roman-law debitum to Delta Dynamics remained enforceable only because both duty and liability had arisen under the original loan. When the creditor sought to collect by compelling testimony without indictment, the court held that due process barred any deprivation of liberty tied to that specific obligation.
Dustin Donovan incurred a debitum in one federal district by failing to repay a loan. The government attempted to try the resulting fraud charge elsewhere. The court required prosecution in the district where the underlying obligation arose to ensure proper venue.
Deanna Davenport acted as agent for Devon Drake in a transaction creating a debitum to a third party. She failed to note facts that ordinary care would reveal about the obligation. The principal held her accountable for the resulting liability under agency standards.
Derek Douglas leased property from Diamond Manufacturing and failed to pay the reserved rent on the due date. The landlord treated the missed payment as a breach creating an enforceable debitum. The tenant remained liable for the amount due under the lease terms.
Davenport Pharmaceuticals extended credit creating a debitum conditioned on an interracial marriage ban. The affected parties challenged the restriction. The court invalidated the condition because it infringed the fundamental right to marry without racial barriers.
Debitum requires both a duty and an actionable liability to repay, making it enforceable in court under Roman law principles.
Supporting sources
A mortgage pledges real property to secure payment of the debitum, allowing foreclosure upon default to satisfy the underlying obligation.
Supporting sources
An unenforceable agreement may still give rise to recognition of a duty to compensate for benefits received, even if traditional contract remedies are unavailable.
Supporting sources
…nominated the applicants to the Senate; that the Senate advised and consented to the appointments; that commissions in due form were signed by the President and the seal of the United States affixed by the Secretary of State; that the applicants had requested delivery of their commissions which request had not…