Define: De Recto De Rationabili Parte

De Recto De Rationabili Parte
De Recto De Rationabili Parte
Quick Summary of De Recto De Rationabili Parte

The De recto de rationabili parte was a legal document used in the past to ensure fair distribution of land ownership among co-owners. It is no longer in use due to the abolition by the law St. 3 & 4 Will. 4, ch. 27.

Full Definition Of De Recto De Rationabili Parte

De recto de rationabili parte is a legal term that refers to a writ that allowed a person who owned land in fee simple to obtain a rightful share from other coparceners or blood relatives. This writ was abolished by St. 3 & 4 Will. 4, ch. 27. An example of de recto de rationabili parte would be if two siblings inherited a piece of land from their parents. In this case, if one sibling wanted to sell their share of the land, the other sibling would have the right to buy it at a reasonable price. This is because both siblings have an equal right to the land, and the writ ensures that each receives a fair share. Another example would be if a person inherited a large estate from their parents, but had several siblings who also had a claim to the property. In such a situation, the person could use the writ to ensure that each sibling received a reasonable portion of the estate, rather than one person taking the entire property. These examples demonstrate how de recto de rationabili parte was used to ensure fairness and equity in property ownership among family members.

De Recto De Rationabili Parte FAQ'S

“De Recto De Rationabili Parte” is a Latin phrase that translates to “from the right and reasonable side.” It refers to the principle of fairness and reasonableness in legal matters.

The principle of “De Recto De Rationabili Parte” is applied by considering what is just and reasonable in a particular situation. It helps in determining the fair and equitable resolution of legal disputes.

Yes, “De Recto De Rationabili Parte” can be used as a defence in a criminal case if the accused can demonstrate that their actions were just and reasonable under the circumstances.

While the principle of “De Recto De Rationabili Parte” may not be explicitly recognized in all jurisdictions, the concept of fairness and reasonableness is generally considered in legal decision-making.

Yes, “De Recto De Rationabili Parte” can be used in contract disputes to determine whether the terms of the contract are fair and reasonable for both parties involved.

“De Recto De Rationabili Parte” is closely related to the concept of natural justice, as both principles emphasize fairness and reasonableness in legal proceedings.

In some cases, “De Recto De Rationabili Parte” can be used to challenge a court’s decision if it can be shown that the decision was not based on fairness and reasonableness.

The application of “De Recto De Rationabili Parte” may be subject to limitations based on specific legal statutes and precedents in a particular jurisdiction.

Yes, “De Recto De Rationabili Parte” can be used in administrative law cases to assess the reasonableness and fairness of administrative decisions.

While “De Recto De Rationabili Parte” emphasizes fairness and reasonableness, “bona fide” refers to acting in good faith, and the “reasonable person” standard assesses the actions of an average person in similar circumstances. These principles may overlap but have distinct focuses.

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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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