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Simple English definitions for legal terms

praeceptio haereditatis

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A quick definition of praeceptio haereditatis:

Term: praeceptio haereditatis

Definition: Praeceptio haereditatis is a legal term used in Scots law which means taking the inheritance in advance. It is also known as lucrative succession. This title is passive and if the heir incurs it, he becomes liable for his ancestor's debts. It was introduced to prevent an heir from receiving and enjoying a heritable estate under a gratuitous disposition inter vivos from his ancestor, which he would be entitled to succeed on the ancestor's death, and of thus avoiding responsibility for his ancestor's debts and other obligations.

A more thorough explanation:

Definition: Praeceptio haereditatis is a legal term used in Scots law to describe when someone takes their inheritance before they are supposed to. This is also called a lucrative succession. Example: If someone's grandfather left them a house in his will, but the person took ownership of the house before their grandfather passed away, that would be an example of praeceptio haereditatis. Explanation: This legal term is used to describe a situation where someone takes their inheritance before they are supposed to. This can cause problems because the person may not be aware of any debts or obligations that their ancestor had, and they could become responsible for them. The example shows how someone taking ownership of a house before their grandfather passed away would be considered praeceptio haereditatis because they are taking their inheritance before they are supposed to.

praebentes causam mortis | praeceptores

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