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LSDefine

Simple English definitions for legal terms

beneficium abstinendi

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A quick definition of beneficium abstinendi:

Term: Beneficium Abstinendi

Definition: Beneficium Abstinendi is a Latin term that means "privilege of abstaining." In Roman law, it refers to the right of an heir to refuse an inheritance and avoid being responsible for the debts of the deceased. If the heir does not act as an heir in any way, their own property cannot be used to pay off the debts of the ancestor.

A more thorough explanation:

Term: Beneficium Abstinendi
Definition: Beneficium Abstinendi is a legal term from Roman law that means "privilege of abstaining." It refers to the right of an heir to refuse an inheritance and avoid being responsible for the debts of the person who died. This privilege was created to protect heirs from being held responsible for debts they did not incur.
Example: If a person's parent dies and leaves behind a lot of debt, the child can choose to use Beneficium Abstinendi to refuse the inheritance and avoid being responsible for the debts. This means that the child will not inherit any of the parent's assets, but they will also not be responsible for paying off any of the debts.
Explanation: This example illustrates how Beneficium Abstinendi works in practice. It shows how a person can use this privilege to protect themselves from being held responsible for debts they did not incur. By refusing the inheritance, the person is able to avoid any financial burden that may come with it.

beneficium | beneficium cedendarum actionum

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