In the civil law. An agreement to pay a subsisting debt which exists without any stipulation, whether of the promisor or another party. It differs from a stipulation in that it must be for an existing debt. Du Cange Constitutum esse eam domum unicuique nostrum debere existimari, ubi debere existimari, ubi quisque sedes et tabulas haberet; suarumque rerum constitutionem fecisset. It is settled that that is to be considered the home of each one of us where he may have his habitation and account-books, and where he may have made an establishment, of his business. Dig. 50, 16, 203.
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