rapina (r[schwa]-pI-n[schwa]). [Latin “robbery, pillage”] Roman & civil law. The forcible taking of another’s movable property with the intent to appropriate it to one’s own use. “Rapina is the taking away of a thing by violent means. It gives rise to the praetorian actio vi bonorum raptorum ….” Rudolph Sohm, The Institutes: A Textbook of […]
magister (m[schwa]-jis-t[schwa]r). [fr. Latin magis “more”] Roman law. 1. A master; a superior, esp. by office or position. 2. A teacher; esp., one who has obtained eminence in a particular field of learning. magister ad facultates (m[schwa]-jis-t[schwa]r ad fak-[schwa]l-tay-teez), n. [Latin “master for permissions”] Eccles. law. 1. An officer who grants dispensations, as to marry
custos morum (k[schwa]s-tahs mor-[schwa]m). [Law Latin] Custodian of morals (H.L.A. Hart believed that courts should not be seen as the custos morum). • This name was sometimes used in reference to the Court of King’s Bench. “[H]e [Viscount Simonds] approved the assertion of Lord Mansfield two centuries before that the Court of King’s Bench was
beneficium separationis (ben-[schwa]-fish-ee-[schwa]m sep-[schwa]-ray-shee-oh-nis). [Latin “privilege of separation”] Roman law. The right of a creditor of the deceased to have the property of the deceased separated from an heir’s property. • This separation protected the creditors by ensuring that the deceased’s property was not used to pay the heir’s creditors. — Also termed separatio bonorum.
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interdictum quod vi aut clam (in-t[schwa]r-dik-t[schwa]m kwod vI awt klam). [Latin “interdict because of force or stealth”] Roman law. An interdict issued against a person who forcibly (vi) or secretly (clam) altered or occupied the claimant’s property. • The interdict required the defendant to restore the property to its previous condition. Cf. actio vi bonorum
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confusion of goods. The mixture of things of the same nature but belonging to different owners so that the iden-tification of the things is no longer possible. • If this occurs by common consent of the owners, they are owners in common, but if the mixture is done willfully by one person alone, that person
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emptio (emp-shee-oh), n. [Latin “purchase”] Roman & civil law. The act of buying; a purchase. — Also spelled emtio. Pl. emptiones. emptio bonorum (b[schwa]-nor-[schwa]m). [Latin “purchase of goods”] A type of forced assignment for the benefit of creditors, involving a public sale of an insolvent debtor’s estate whereby the purchaser succeeded to all the debtor’s
benefit of cession. Civil law. A debtor’s immunity from imprisonment for debt. • The immunity arises when the debtor’s property is assigned to the debtor’s creditors. See CESSIO BONORUM.
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stipulatio sponsalitia (stip-y[schwa]-lay-shee-oh spon-s[schwa]-lish-ee-[ schwa]). [Latin] Roman law. In early law, a solemn promise by a father (paterfamilias) that his child would marry someone else’s child. • In some cases, there was a penalty if the marriage did not occur. In classical and later Roman law, in which free marriage was the rule, such a
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