pactum de non petendo

English

Etymology

Latin: pactum (“agreement”) + dē (“concerning”, “about”) + nōn (“not”) + petendō (“which is to be sued for”, the ablative singular of the neuter substantive of the future passive participle of petō, “I demand or claim at law”, “I bring an action to recover”, “I sue for”) ≅ “agreement not to sue”.

Pronunciation

• (Classical) IPA^(key): /ˈpak.tum deː noːn peˈten.doː/, [ˈpak.tũ deː noːn peˈten.doː]

Noun

pactum de non petendo (plural pacta de non petendo)

1. (law) An agreement in which a creditor promises not to enforce a debt.
   • 1668 December 19th, James Dalrymple, “Mr. Alexander Seaton contra Menzies” in The Deciſions of the Lords of Council & Seſſion I (Edinburgh, 1683), page 575

     Pitmedden purſues Seaton of Menzies as Repreſenting his Father, who was one of the Purſuers Brothers Tutors, for his Fathers Intromiſſion with the Pupils Means, who alleadged Abſolvitor, becauſe the Pupil after his Pupillarity, had granted a Diſcharge to one of the Co-tutors, which did extinguiſh the whole Debt of that Co-tutor, and conſequently of all the reſt, they being all correi debendi, lyable by one individual Obligation, which cannot be Diſcharged as to one, and ſtand as to all the reſt; for albeit pactum de non petendo, may be granted to one, and not be profitable to the reſt, a ſimple Diſcharge, which diſſolveth the Obligation of the Bond, muſt be profitable to all.