Miserabile Depositum: A legal term used to describe a deposit or bailment made in a situation of emergency, such as a shipwreck, fire, or insurrection.
Miserere: A Latin word meaning “have mercy.” It is the opening phrase of the 51st psalm and was historically used to test a person claiming benefit of clergy.
Misericordia: A Law Latin term with three meanings: 1) mercy, 2) an arbitrary fine imposed as a punishment, and 3) an exemption from a fine.
Misericordia Communis: A Law Latin term referring to a fine imposed on an entire county.
Miserabile depositum is a legal term used to describe a deposit or bailment made in an emergency situation, such as a shipwreck, fire, or insurrection. For instance, if a person on a sinking ship entrusts their valuables to someone else for safekeeping, it would be considered a miserabile depositum. The Latin term “miserere” means “have mercy” and is the opening phrase of the 51st psalm, used to test a person claiming benefit of clergy. Similarly, “misericordia” has multiple meanings in legal contexts, including mercy, an arbitrary fine as punishment, or an exemption from a fine. For example, if a judge decides to show misericordia and reduce a defendant’s sentence due to extenuating circumstances, it would be an instance of the term being used to refer to mercy. Lastly, “misericordia communis” is a legal term that pertains to a fine imposed on an entire county, such as when a county is fined for violating a law.
Miserabile Depositum refers to a type of deposit where the deposited item is in a deteriorating or perishable condition, making it impossible or impractical to return it in the same condition.
Examples of Miserabile Depositum include depositing perishable goods like food, flowers, or live animals.
The depositor must inform the depositary about the deteriorating condition of the item and provide any necessary instructions for its preservation.
The depositary must take reasonable measures to preserve the item and prevent further deterioration.
The depositary can only be held liable if they fail to take reasonable measures to preserve the item or if they intentionally cause damage or loss.
No, due to the nature of the item, it is not possible to return it in the same condition. The depositor must accept that some deterioration may occur.
The depositor may be entitled to compensation if the depositary fails to take reasonable measures to preserve the item or if they intentionally cause further deterioration.
Yes, the depositor can terminate the agreement at any time, but they may still be responsible for any costs or damages incurred up until that point.
Yes, the depositary has the right to refuse a Miserabile Depositum if they believe they cannot adequately preserve the item or if it poses a risk to their property or other items.
The specific legal requirements for Miserabile Depositum may vary depending on the jurisdiction. It is advisable to consult with a legal professional to understand the specific laws and regulations applicable in your jurisdiction.
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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