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Simple English definitions for legal terms
ex capite doli
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A quick definition of ex capite doli:
Ex Capite Doli: This is a Latin term used in law to mean "on the ground of fraud". It refers to situations where something is done because of fraud or deceit.
Ex Capite Inhibitionis: This is another Latin term used in Scots law to mean "on the ground of inhibition". It refers to situations where a court orders someone to stop doing something, like selling their property, to protect the rights of a creditor.
A more thorough explanation:
Definition: Ex capite doli (eks kap-i-tee doh-lI) is a Latin term used in law to refer to fraud. It means "on the ground of dole" or "for the reason of fraud". It is also known as ex capite fraudis.
Example: The plaintiff filed a lawsuit against the defendant ex capite doli, alleging that the defendant had committed fraud in their business dealings.
Explanation: In this example, the plaintiff is accusing the defendant of fraud and is using the term ex capite doli to refer to the reason for the lawsuit.
Definition: Ex capite inhibitionis (eks kap-i-tee in-hi-bish-ee-oh-nis) is a Latin term used in Scots law to refer to an order issued by the Court of Session to prohibit a debtor from encumbering or alienating their heritable property to the prejudice of a creditor.
Example: The Court of Session issued an ex capite inhibitionis order against the debtor, preventing them from selling their property to avoid paying their debts.
Explanation: In this example, the ex capite inhibitionis order is being used to prevent the debtor from taking actions that would harm their creditor's ability to collect the debt owed to them.