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Simple English definitions for legal terms
apocha trium annorum
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A quick definition of apocha trium annorum:
Term: APOCHA TRIUM ANNORUM
Definition: Apocha trium annorum is a Latin term used in Scots law that means "receipt for three years." It refers to the production of receipts for three consecutive periodic payments, which creates a presumption that prior installments have been properly paid. For example, if someone pays rent or interest in installments, producing receipts for the last three consecutive payments would suggest that all prior payments were also made on time. However, this presumption can be challenged with evidence to the contrary. One receipt for three or more installments is not enough to create this presumption, and receipts for three installments do not prove that earlier arrears have been paid.
A more thorough explanation:
APOCHA TRIUM ANNORUM
Apocha trium annorum is a Latin term used in Scots law which means "receipt for three years". It refers to receipts for three consecutive periodic payments, which when produced by the debtor, creates a presumption that prior installments have been properly paid.
For example, if a tenant produces receipts for the last three consecutive rent payments, it is presumed that all prior rent payments have been made. Similarly, if a borrower produces receipts for the last three consecutive interest payments, it is presumed that all prior interest payments have been made.
However, it is important to note that the presumption created by apocha trium annorum can be rebutted by parol evidence, which means evidence given by word of mouth.
Apocha trium annorum is a legal concept that helps to establish a presumption of payment for prior installments. It is based on the idea that if a debtor has been making regular payments for a period of three years, it is likely that they have also made all prior payments. This presumption can be useful in legal disputes where there is a question of whether or not payments have been made.
The examples given illustrate how apocha trium annorum can be applied in practice. If a tenant produces receipts for the last three consecutive rent payments, it is presumed that they have also made all prior rent payments. This can be useful in disputes over unpaid rent. Similarly, if a borrower produces receipts for the last three consecutive interest payments, it is presumed that they have also made all prior interest payments. This can be useful in disputes over unpaid debts.