Clerico capto per statutum mercatorium is a legal term used to describe the arrest of a clerk in accordance with merchant rules. It is commonly used in legal proceedings to refer to a specific type of arrest that follows the laws and regulations of the merchant community.
Clerico capto per statutum mercatorium is a Latin term that describes the act of apprehending a clerk or clergyman who has violated the regulations of the merchant guild. For instance, if a clerk or clergyman was found guilty of breaching the rules of the merchant guild, they could be detained and subjected to punishment in accordance with the guild’s statutes. This was a prevalent custom in medieval Europe, where the merchant guilds held considerable authority and influence. The explanation provided demonstrates how clerico capto per statutum mercatorium was employed to enforce the regulations of the merchant guilds. By apprehending and penalizing those who violated the guild’s statutes, the guilds were able to uphold their power and influence over the local economy. This practice played a crucial role in medieval commerce and trade, ensuring that merchants and traders adhered to the rules and regulations established by the guilds.
Clerico Capto Per Statutum Mercatorium is a Latin term that translates to “clerk captured by the statute of merchants.” It refers to a legal concept that allows a creditor to detain a debtor’s goods until the debt is repaid.
Under Clerico Capto Per Statutum Mercatorium, a creditor can seize and hold the debtor’s goods as security for the debt. The goods can be sold to satisfy the debt if the debtor fails to repay within a specified period.
The concept of Clerico Capto Per Statutum Mercatorium has evolved over time, and its application may vary depending on the jurisdiction. Some legal systems have replaced it with more modern laws, while others still recognize and apply it to certain types of debts.
To invoke Clerico Capto Per Statutum Mercatorium, the creditor must have a valid debt owed by the debtor. The debt must be related to a commercial transaction, and the debtor’s goods must be within the jurisdiction where the law applies.
The specific goods that can be seized may vary depending on the jurisdiction and the nature of the debt. Generally, goods that are directly related to the debtor’s commercial activities or are necessary for their business operations can be seized.
Yes, a debtor can challenge the seizure of their goods by presenting evidence that the debt has been fully satisfied or that the creditor has acted unlawfully. It is advisable for debtors to seek legal advice to understand their rights and options in such situations.
If the debtor fails to repay the debt within the specified period, the creditor can proceed with selling the seized goods to recover the amount owed. The proceeds from the sale are used to satisfy the debt, and any surplus may be returned to the debtor.
The amount a creditor can recover is generally limited to the outstanding debt, including any interest or costs specified in the agreement or allowed by law. However, the specific limitations may vary depending on the jurisdiction and applicable laws.
Yes, debtors can negotiate with the creditor or make partial payments to avoid the seizure of their goods. It is advisable for debtors to communicate with the creditor and explore possible repayment arrangements to resolve the debt issue.
Yes, debtors have the right to seek legal remedies if they believe the creditor has abused Clerico Capto Per Statutum Mercatorium. They can file a complaint with the appropriate court or regulatory authority to address any alleged misconduct or unfair practices.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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