Legal Definitions - tacit remission

Definition: Tacit remission is a type of remission that occurs by operation of law, meaning it happens automatically without any explicit agreement between the creditor and debtor. It occurs when a creditor surrenders an original title to the debtor.

Examples:

• If a person owes money to a creditor and the creditor gives them the original title to a property as collateral, but then later returns the title to the debtor without any explicit agreement, this is an example of tacit remission.
• Another example could be if a person owes money to a creditor and the creditor stops pursuing payment without any explicit agreement, this could also be considered tacit remission.

These examples illustrate how tacit remission occurs without any explicit agreement between the creditor and debtor. It is a type of remission that happens automatically and is recognized by law.