Cessio Bonorum - Law Dictionary Search Results
Home Dictionary Name: cessio bonorumCessio bonorum
Cessio bonorum (a surrender of goods). By the Roman Law a cessio bonorum of the debtor was not a discharge of the debt, unless the property ceded was sufficient for that purpose. It otherwise operated only as a discharge pro tanto, and exonerated the debtor from imprisonment. Huberus informs us that in Holland a cessio bonorum does not even exempt from imprisonment unless the creditors assent; and Heineccius proclaims the same as the law of some parts of Germany. The Scottish Law conforms to the Roman code in its leading outlines, and the modern code of France adopts the same system, Story's Conflict of Laws, 492; and see 2 Br. & Had.Com. 623....
Cessio in jure
Cessio in jure, a fictitious suit, in which the person who was to acquire a thing claimed (vindicabat) the thing, the person who was to transfer it acknowledged the justice of the claim, and the magistrate pronounced it to be property (addicebat) of the claimant, Sand Just....
In jure cessio
In jure cessio means a fictitious trial held to transfer ownership of property. At trial, the transferee appeared before a praetor and asserted ownership of the property. The actual owner also appeared, but did not contest the assertion, and so allowed the transfer of the property to the plaintiff, Black's Law Dictionary, 7th Edn., p. 789....
Attachiamenta bonorum
Attachiamenta bonorum, a distress formerly taken upon goods and chattels, by the legal attachiators or bailiffs, as security to answer an action for personal estate or debt, Cowel...
Collatio bonorum
Collatio bonorum (a contribution of goods). Where a portion or money, advanced by the father to a son or daughter, is brought into hotchpot (q.v.), in order to have an equal distributory share of his personal estate at his death, according to the intent of the Statutes 22 & 23 Car. 2, c. 10 (the Statute of Distribution). Repealed and replaced by the (English) Administration of Estates Act 1925, ss. 46, 47, and 49...
De rationabill bonorum parte
De rationabill bonorum parte, a writ, anciently given to the wife and children of a man, to recover their 'reasonable parts' of his goods, which he could not bequeath away from them. See REASONABLE PARTS....
Rationabili parte bonorum
Rationabili parte bonorum, a writ which lay for a wife after her husband's death, against the executors of the husband, for her third or 'reasonable part' of his goods, after debts and funeral charges paid, Fitz. N. B. 122; and see REASONABLE PARTS....
Institutions
Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...
Addictio
Addictio, the act of a magistrate, the pr'tor in Civil Law. The addictio had different purposes: to enfranchise a slave (manumissio vindicta), to adopt a child, or to transfer the ownership of goods. The transfer of ownership by addictio was like the mancipatio an acquisitio civilis. Such an addictio might be pronounced, either when ownership is transferred by way of in jure cessio, or on the ground of a sale by public auction or upon succession, or for the purposes of an assignatio (magistral grant of ager publicus), or it might take the form of an 'adjudicatio,' the judge deciding a partition suit....
collate
collate -lat·ed -lat·ing [back-formation from collation, from Latin collatio (bonorum) bringing together (of property) for distribution to heirs] vt in the civil law of Louisiana : to return to an estate for equal division [children or grandchildren, coming to the succession of their fathers, mothers or other ascendants, must what they have received "Louisiana Civil Code"] vi in the civil law of Louisiana : to return property or legacies to an estate for division [shall then be obliged to up to the sum necessary "Louisiana Civil Code"] ...
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