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Simple English definitions for legal terms
clare constat
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A quick definition of clare constat:
Clare constat is a fancy Latin term used in Scottish law that means "it clearly appears." It was used in a legal document called a precept, which granted land to the rightful heir of a deceased person. The precept of clare constat could be based on any evidence that proved the person claiming the land was the rightful heir.
A more thorough explanation:
Definition: Clare constat is a term used in Scots law, which means "it clearly appears." It was originally used in reference to a precept or writ for the grant of seisin to a vassal's heir. The opening lines of the declaration stated that it clearly appeared that the grantee was the proper heir.
Example: A precept of clare constat is a legal document executed by a subject-superior to complete the title of his vassal's heir to the lands held by the deceased vassal. The precept of clare constat proceeded on any evidence, whether judicial or not, which satisfies the superior that the person claiming the entry is the heir of the last vassal.
Explanation: The example illustrates how a precept of clare constat is used to establish the rightful heir to a deceased vassal's lands. The document is executed by a subject-superior and proceeds on any evidence that proves the claimant is the heir of the last vassal. This legal document is important in Scots law as it ensures that the rightful heir inherits the lands of the deceased vassal.