In arbitrio alieno refers to the delegation of judgement to another individual. This phrase is commonly employed in legal contexts when property is entrusted to a trustee for the purpose of benefiting others. It signifies that the trustee possesses the authority to determine the utilization of the property without the requirement of seeking input from others.
In the judgement of another (in ahr-bi-tree-oh ay-lee-ee-noh or al-ee-). [Law Latin] According to the discretion of someone else. This term is used when property is left to a trustee for the benefit of others, to be used at the trustee’s discretion. For example, if John’s father left him a trust fund to be used for his education “in arbitrio alieno,” it means that John’s trustee has the authority to decide how much money to spend on his education and which expenses to cover. This legal concept allows the trustee to make decisions about the use of the property, including the amount of money to spend, the expenses to cover, and the timing of distribution to the beneficiaries. The trustee is expected to use their judgement and act in the best interests of the beneficiaries.
“Arbitrio alieno” is a Latin phrase that translates to “at the will of another.” In legal terms, it refers to a situation where one person has control or authority over another person’s actions or decisions.
Yes, a person can be held legally responsible for actions done “arbitrio alieno” if they have willingly assumed control or authority over another person’s actions and subsequently cause harm or commit illegal acts.
Examples of situations where “arbitrio alieno” may apply include cases of employment, where an employer may be held responsible for the actions of their employees, or cases of guardianship, where a guardian may be held responsible for the actions of their ward.
To prove that they were acting “arbitrio alieno,” a person needs to demonstrate that they were under the control or authority of another person, and that they were acting solely based on the instructions or directions given by that person.
Yes, “arbitrio alieno” can be used as a defence in a legal case if the accused can prove that they were acting under the control or authority of another person and had no independent choice or free will in their actions.
The legal consequences for exercising “arbitrio alieno” depend on the specific circumstances and the actions taken. If the actions result in harm or illegal acts, both the person exercising control and the person under control may be held legally responsible.
No, acting “arbitrio alieno” implies that the person is willingly allowing another person to control their actions. If someone is forced or coerced into acting against their will, it may not be considered “arbitrio alieno.”
A contract can be considered “arbitrio alieno” if one party has complete control or authority over the other party’s actions or decisions as specified in the contract. However, the specific terms and conditions of the contract would need to be examined to determine if it falls under this category.
“Arbitrio alieno” refers to a situation where one person willingly allows another person to control their actions, while “duress” refers to a situation where someone is forced or coerced into acting against their will. The key difference is the element of voluntary consent.
Yes, “arbitrio alieno” can be used as a defence in criminal cases if the accused can prove that they were acting under the complete control or authority of another person and had no independent choice or free will in their actions. However, the success of this defence would depend on the specific circumstances and evidence presented.
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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