Legal Definitions - debitor non praesumitur donare

DEBITOR NON PRAESUMITUR DONARE

Debtor non praesumitur donare is a legal term that means a debtor is not presumed to make a gift. This means that any payment made by a debtor is assumed to be intended to pay off a debt, unless it is clear that the debtor intended to make a donation.

For example, if someone owes money to a friend and gives them a gift, it is assumed that the gift is intended to pay off the debt. However, if the person clearly states that the gift is not meant to be payment, then it is not considered a payment towards the debt.

Another example is if a debtor makes a payment that is less than the amount owed, it is assumed that the payment is intended to be a partial payment towards the debt, not a gift.

These examples illustrate how the principle of debtor non praesumitur donare works in practice. It ensures that debtors cannot avoid paying their debts by claiming that a payment was intended to be a gift.