Table of contents
Discharge
Formal definition
A Discharge is a triple :
satisfying the discharge condition:
where is the doubly-quiescent stable sublattice at history .
Components:
- is the duty being discharged — a Duty specifying what must be done
- is the performance act — the act performed by ’s bearer in satisfaction of
- is the settling history — the point in the history at which discharge is evaluated; the performance must settle at
Three invariants. is a discharge iff it satisfies:
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Execution settlement: . The act has been performed according to fixed procedure — the execution path is complete, the required steps have been taken, the act is procedurally finished. Without this, the duty is not yet performed.
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Meaning settlement: . The performance is recognized by the governing normative system and by the correlative party as constituting satisfaction of . Without this, the act may have been performed but is not yet acknowledged as discharge. A payment that the creditor does not recognize as payment is not discharge; a filing the court does not record is not discharge.
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Joint settlement: both 1 and 2 must hold simultaneously. . This is why discharge requires the fixed point of both nuclei — a duty can be:
- Executed but unrecognized (, ): the act was done but not acknowledged — procedurally complete, semantically open
- Acknowledged but unexecuted (, — this case doesn’t arise cleanly; acknowledgement of an unperformed act is not discharge)
- Fully discharged (): both settled simultaneously
The execution/recognition gap
The gap between execution settlement and meaning settlement is the most practically significant feature of discharge. Consider:
| Scenario | ? | ? | Discharged? |
|---|---|---|---|
| Act performed and recognized | Yes | Yes | Yes |
| Act performed, recognition pending | Yes | No | No |
| Act performed, recognition refused | Yes | No | No — dispute arises |
| Act not performed | No | — | No |
The execution/recognition gap creates the space for duty-discharge disputes: the bearer claims ; the correlative party claims (the performance does not satisfy ). The resolution requires the governing normative system to adjudicate — applying to determine whether the act counts.
Discharge vs. satisfaction vs. performance
These three terms are commonly conflated but are formally distinct:
- Performance: the bearer does act — the execution, regardless of recognition
- Satisfaction: the correlative party accepts as meeting their claim — the recognition, regardless of whether was formally performed
- Discharge: — both execution-settled and meaning-settled; the duty is legally/normatively extinguished
Discharge is the strongest condition: it requires both performance and satisfaction to be simultaneously settled. A payment satisfies the creditor (recognition) and discharges the debt (joint settlement) simultaneously. A substitute performance satisfies only if the normative system accepts substitution ( maps the substitute act to the same fixed point as the specified act).
Discharge by operation of law
In some cases, discharge occurs without performance: statute of limitations, frustration of contract, impossibility, merger. These are meaning-closures () applied to the duty itself rather than to a performance act — the duty is moved to its settled state by the system’s recognition that it no longer applies, not by the bearer’s act.
Formally: where is the discharged state of the duty, achieved without a corresponding performance act . This is the exceptional case: discharge is normally with a non-trivial performance; discharge by operation of law is the degenerate case where and acts directly on .
Relation to the nuclear quartet
The discharge condition places the performance in the Process position of the nuclear quartet — the doubly-closed position where both meaning and execution are settled. An unperformed duty corresponds to the Inquiry position (neither closed); a procedurally specified but unexecuted duty corresponds to Procedure (meaning-closed only); a performed but unrecognized act corresponds to Derivation (execution-closed only).
Open questions
- Whether partial discharge is coherent — whether a divisible duty can be partially discharged by partial performance, and what the formal condition for partial discharge is.
- Whether the meaning-settlement condition is sufficient when is contested — whether discharge requires recognition by a specific party (the correlative ) or by the normative system more generally.
- The formal relationship between discharge and the Clerk’s authentication function — whether the clerk’s entry of a judgment is the operation that converts an executed judicial decision into a discharged legal obligation.