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Glossary : acceptilation

Definition 1


contracts. In the civil law, is a release
made by a creditor
to his debtor of his debt, without receiving any
consideration. Ayl. Pand.
tit. 26, p. 570. It is a species of donation, but
not subject to the forms of
the latter, and is valid, unless in fraud of
creditors. Merlin, Repert. de
Jurisp. h. t. Acceptilation may be defined
verborum conceptio qua creditor
debitori, quod debet, acceptum fert, or, a
certain arrangement of words by
which on the question of the debtor, the
creditor, wishing to dissolve the
obligation, answers that he admits as
received, what in fact, he has not
received. The acceptilation is an
imaginary payment. Dig. 46, 4, 1 and 19,
Dig. 2, 14, 27, 9, Inst. 3, 30,
1.


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