In order to know the meaning of the term forgiveness, it is necessary, first of all, to discover its etymological origin. In this case, we can state that it is a word that derives from Latin, exactly it comes from the verb “condonare”, which can be translated as “forgive a debt or sentence”.
According to DigoPaul, forgiveness is the act and result of forgiving : exempting or forgiving the payment of a debt or the fulfillment of a sentence.
For example: “In a controversial decision, the national government decreed the cancellation of the debt of an oil company”, “The cancellation of the fines will be made to those people without pending cases with the Justice”, “The manager announced the cancellation of the punishment after the player apologized to his teammates ”.
At the judicial level, forgiveness is a legal act carried out by a creditor renouncing their right to collect a debt and thus releasing the debtor from the corresponding payment. The forgiveness can be partial or total.
Jurists interpret the nature of the discharge in different ways. For some specialists, this legal act is unilateral : it is specified from a decision made by the creditor. For other experts, on the other hand, the discharge is contractual since it has to be accepted by the debtor.
Suppose that a state owes a multimillion dollar sum to an international lending institution. Faced with an economic and social crisis, the government of the country in question maintains that it is not in a position to meet the debt maturities, which is why it begins a negotiation with the agency. For the creditor, a partial discharge of the debt can be beneficial since the debtor is in a position to pay a percentage of the debt, but not to pay the full amount. In this way, the creditor accepts a 35% forgiveness of said debt.
There are different types of forgiveness depending on the criteria that are taken into consideration. A good example of this is the following:
-If you pay attention to its form, we can find express and tacit condonation. The first takes place when the will to remit the debt is declared while the second is the one that occurs when that said will is deduced from a series of unequivocal acts of who the creditor is.
-In the event that its object is taken into consideration, the remission may be total or partial. The first, the total, is the one that occurs when the obligation is completely and fully extinguished, with the consequences that this brings. The second, the partial, is the one that takes place when the forgiveness only refers to a specific amount within the total or when it focuses on what are the accessory obligations.
In addition to all the above, it must be emphasized that it is established that the main purpose of the remission is none other than to achieve that an obligation can be fulfilled to a greater or lesser extent.