beneficium abstinendi

beneficium abstinendi (ben-[schwa]-fish-ee-[schwa]m ab-sti-nen-dI). [Latin “privilege of abstaining”] Roman law. The right of an heir to refuse an inheritance and thus avoid liability for the testator’s debts.

“[T]hese heirs came also to be protected by the praetor, viz. by the jus or beneficium abstinendi. Provided they took care not to act as heir in any kind of way, then, whether they formally demanded the privilege or not, their own property could not be made liable for their ancestor’s debts.” R.W. Leage, Roman Private Law 220 (C.H. Ziegler ed., 2d ed. 1930).

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词条贡献者

译者Scott，毕业于一所旨在培养高级翻译专业人才的翻译院校，擅长翻译各种与环境诉讼相关的法律文件。