Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Annua nec debitum judex non separat ipse.
Even the judge apportions neither annuities nor debt.
Chirographum apud debitorem repertum praesumitur solutum
When the evidence (or voucher) is found in the debtor's possession, the debt is presumed to be paid.
Debit
1 A sum charged as due or owing. 2. In bookkeeping, an entry made on the left side of a ledger or account, noting an increase in assets or a decrease in liabilities. 3. An account balance showing that something remains due to the holder of the account. Cf. CREDIT (s).
Debita sequuntur personam debitoris
Debts follow the person of the debtor. 0 That is, debts belong to no locality and may be collected wherever the debtor can be found.
Debitor
Roman law. Someone who has a legal obligation to someone else. Cf CREDITOR (1).
Debitor non praesumitur donare
A debtor is not presumed to make a gift.
Debitorum pactionibus creditorum petitio nec tolli nee minui potest
The creditors' suit can be neither quashed nor diminished by the contracts of their debtors.
Debitrix
n. [Latin] Archaic. Civil law. A female debtor.
Debitum
n. [Latin] Something owing; a debt. Cf INDEBITUM.
Debitum et contractus sunt nullius loci
Debt and contract belong to no particular place.
Delicatus debitor est odiosus in lege
A luxurious debtor is hateful in the law.
Haeres minor uno et viginti annis non respondebit, nisi in casu dotis
An heir under 21 years of age is not answerable, except in the matter of the dower.
Id solum nostrum quod debitis dedu nostrum est
That alone is ours which is e after debts have been deducted.
In alternativis electio est debitoris
The debt or has the choice among alternatives.
Incendium aere alieno non exuit debitorem.
A fire does not release a debtor from his debt.
Indebitatus assumpsit
[latin "being indebted, he undertook"] 1. Hist. A form of action in which the plaintiff alleges that the defendant contracted a debt and, as consideration, had undertaken (i.e., promised) to pay. 0 the action was equivalent to the common-law action for debt (an action based on a sealed instrument), but could be used to enforce an oral debt. Indebitatus assumpsit was abolished in 1873 by the judicature act. See concessit solvere. 2. See general assumpsit. "[i]f i verbally agree to pay a man a certain price for a certain parcel of goods, and fail in the performance, an action of debt lies against me; for this is a determinate contract: but if i agree for no settled price, i am not liable to an action of debt, but a special action on the case, according to the nature of my contract. And indeed actions of debt are now seldom brought but upon special contracts under seal .... [t]he plaintiff must recover the whole debt he claims, or nothing at all. For the debt is one single cause of action, fixed and determined; and which therefore, if the proof varies from the claim, cannot be looked upon as the same ... Action of debt .... But in an action on the case, on what is called an indebitatus assumpsit, which is not brought to compel a specific performance of the contract, but to recover damages for its non-performance, the implied assumpsit, and consequently the damages for the breach of it, are in their nature indeterminate; and will therefore adapt and proportion themselves to the truth of the case which shall be proved, without being confined to the precise demand stated in the declaration." 3 william blackstone, commentaries on the laws of england 154 (1768).
Nemo patriam in qua natus est exuere, nec ligeantiae debitum ejurare posit
No one can cast off his native land or reuse the obligation of allegiance to it.
Nihil infra regnum subditos magic conservat in tranquilitate et concordia quam debita legum administration
Nothing better preserves the subjects of the realm in tranquillity and concord than a due administration of the laws. 2 Co. Inst. 158.
Non respondebit minor, nisi in causa dotis, et hoc pro favore doti
A minor shall not answer except in a case of dower, and here in favor of dower.
Nuda ratio et nuda pactio non ligant aliquem debitorem
Bare reason and naked agreement do not bind any debtor.
Qui sciens solvit indebitum donandi consilio id videtur fecisse
A person who knowingly pays what is not due is considered to have done it with the intention of making a gift.
Quod quis sciens indebitum dedit hac mente, ut postea repeteret, repetere non potest
What one has paid knowing that it is not owed, with the intention of reclaiming it afterwards, he cannot recover. Dig. 12.6.50.
actio condictio indebiti
W. See condictio indebiti under CONDICTIO. Strictly speaking, the headword is a solecism, since a condictio is a type of actio, but it is occasionally found in legal literature.
condictio indebiti
[Latin "claim for recovery of something not due"] An action to prevent the unjust enrichment of a defendant who had received money or property from the plaintiff by mistake. - Also termed actio condictio indebiti.
constitutum debiti
[Latin "debt agreement"] Roman law. A promise to discharge an existing liability that is either one's own (constitutum debiti proprii) or another's (constitutum debiti alieni).
de debito
n. [Law Latin "of debt"] Hist. A writ of debt. - Sometimes shortened to debito.
de debitore in partes secando
n. [Latin "of cut-
debit card
A card used to pay for purchases by electronic transfer from the purchaser's bank account. Cf. CREDIT CARD.
debit sans breve
See DEBET SINE BREVE.
debita laicorum
n. [Law Latin "debts of laity"] Hist. The debts recoverable in civil courts.
debitor non praesumitur donare
n. [Law Latin "a debtor is not presumed to make a gift"] Hist. The presumption that any payment from a debtor is intended to satisfy the debt, unless the disposition clearly shows the debtor's intent to make a donation.
debitum in praesenti solvendum in futuro
[Latin] A present debt (or obligation) to be paid at a future time; a debt or obligation complete when contracted, but of which the performance cannot be required until some future period.
debitum sine breve
See DEBET SINE BREVE.
ex debito justitiae
[Latin] From or as a debt of justice; in accordance with the requirement of justice; of right; as a matter of right.
indebitatus
p.pl. [Law Latin] Indebted. See NUNQUAM INDEBITATUS.
indebitatus assumpsit
See ASSUMPSIT.
indebiti solutio
[Latin] Roman & Scots law. Payment of what is not owed. ( Money paid under the mistaken belief that it was owed could be recovered by condictio indebiti. See condictio indebiti under CONDICTIO.
indebitum
Roman law. A debt that in fact is not owed. ( Money paid for a nonexistent debt could be recovered by the action condictio indebiti. Cf. DEBITUM.
levari facias residuum debiti
n. [Law Latin "that you cause to be levied when the sheriff has returned that it had no buyers"] Hist. A writ directing the sheriff to levy upon a debtor's lands or goods to pay the remainder of a partially satisfied debt.
nunquam indebitatus
n. [Latin "never indebted"] Hist. A defensive plea in a debt action, by which the defendant denies any indebtedness to the plaintiff. Cf. CONCESSIT SOLVERE.
scire facias ad disprobandum debitum
[Law Latin that you cause to know to disprove the debt"] Hist. A writ allowing a defendant in a foreign attachment against the plaintiff to disprove or avoid the debt recovered by the plaintiff, within a year and a day from the time of payment.
solutio indebiti
[Latin "payment of what is not owing"] Roman law. Payment of a nonexistent debt. ( If the payment was made by a mistake of fact, the recipient had a duty to give back the money.