The term “De rationabili parte bonorum” refers to a legal writ that permitted the wife and children of a deceased man to reclaim a fair portion of his belongings from his executors after his debts were settled. This writ was typically rooted in custom rather than universal law.
De rationabili parte bonorum is a legal term that refers to the fair share of goods that the wife and children of a deceased man could claim from his executors after his debts were paid. This writ was typically based on custom rather than general law and was used to ensure that the family received a reasonable portion of the deceased’s estate. For example, if a man died without a will, his family could use this writ to claim a fair share of his belongings. This demonstrates how de rationabili parte bonorum was used to guide the distribution of an estate when there was no legal precedent in place.
“De Rationabili Parte Bonorum” is a Latin term that translates to “on the reasonable portion of goods.” It refers to the principle in inheritance law that ensures fair distribution of assets among heirs.
In inheritance cases, “De Rationabili Parte Bonorum” ensures that each heir receives a fair share of the deceased person’s assets, taking into account their relationship to the deceased and any specific provisions made in the will.
Yes, the principle of “De Rationabili Parte Bonorum” can be overridden by a valid will. If the deceased person has clearly stated their wishes regarding the distribution of their assets, the court will generally uphold those provisions.
If there is no will in place, the principle of “De Rationabili Parte Bonorum” will come into play. The court will determine the fair distribution of assets among the heirs based on their relationship to the deceased and other relevant factors.
Yes, the principle of “De Rationabili Parte Bonorum” can be challenged if there are valid reasons to believe that the distribution of assets is unfair or unjust. However, the burden of proof lies with the party challenging the distribution.
When applying “De Rationabili Parte Bonorum,” the court considers various factors such as the deceased person’s intentions, the financial needs of the heirs, their relationship to the deceased, and any specific provisions made in the will.
Yes, the court has the discretion to deviate from the principle of “De Rationabili Parte Bonorum” if there are compelling reasons to do so. However, such deviations are rare and require strong justifications.
The time taken by the court to determine the fair distribution of assets under “De Rationabili Parte Bonorum” can vary depending on the complexity of the case and the availability of relevant information. It is best to consult with a legal professional for an estimate in your specific situation.
No, “De Rationabili Parte Bonorum” specifically applies to inheritance cases and the fair distribution of assets among heirs. It does not have a direct application in other legal matters.
While the principle of “De Rationabili Parte Bonorum” generally applies in inheritance cases, there may be exceptions in certain jurisdictions or specific circumstances. It is important to consult with a legal professional familiar with the laws in your jurisdiction for accurate advice.
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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