DEBITOR

Definition of DEBITOR in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.

Definition of DEBITOR

In the civil and old English law. A debtor.

Debitor non prasumitur donare. A debtor is not presumed to make a gift. Whatever disposition he makes of his property is supposed to be in satisfaction of his debts. 1 Kames, Eq. 212. Where a debtor gives money or goods, or grants land to his creditor, the natural presumption is that he means to get free from his obligation, and not to make a present, unless donation be expressed. Ersk. Inst. 3, 3, 93; Dig. 50, 16, 108; 1 P. Wms. 239; Wh. & Tud. L. Cas. Eq. 378.

Debitorum pactionibus creditorum petitio nec tolli nec minui potest. 1 Poth. Obl. 108; Broom, Max. 697, Bart. Max. 115. The rights of creditors can neither be taken away nor diminished by agreements among (or of) the debtors.

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