Legal Definitions - datio in solutum

datio in solutum

Datio in solutum is a term used in Roman law to describe the act of discharging an obligation by giving and accepting something other than the thing that was originally due.

For example, if someone owes a debt of $100, they can discharge that debt by giving the creditor something else of value, such as a piece of jewelry or a car. This is known as datio in solutum.

Another example would be if someone owes a debt of a specific item, such as a horse, but they no longer have the horse to give. They can discharge the debt by giving the creditor something else of equal value, such as a cow or a piece of land.

Datio in solutum allows for flexibility in discharging obligations, as it allows for the acceptance of something other than the original item or payment that was due. This can be useful in situations where the original item is no longer available or where the creditor may prefer to receive something else of value instead.