The Latin term “Nihil capiat per breve” means “let him take nothing by his writ.” This judgement is given against the plaintiff in a legal action, whether at bar or in abatement. It is also referred to as “nihil capiat per billam,” which translates to “let him take nothing by his bill.”
The term “nihil capiat per breve” is a Latin phrase that signifies “let him take nothing by his writ.” This judgement is issued against the plaintiff in a legal case either at bar or in abatement. It is also referred to as “nihil capiat per billam,” which means “let him take nothing by his bill.” For instance, John filed a lawsuit against his neighbour for property damage, but the court ruled in favor of the neighbour and issued a judgement of nihil capiat per breve, indicating that John could not obtain anything through his writ. Similarly, in another case, a plaintiff sued a company for breach of contract, but the court determined that the plaintiff lacked legal standing and issued a judgement of nihil capiat per billam, meaning the plaintiff could not obtain anything through his bill. These examples demonstrate how the term nihil capiat per breve is employed in legal proceedings to reject the plaintiff’s claim and prevent them from pursuing legal action against the defendant.
Nihil Capiat Per Breve is a Latin term that translates to “let nothing be taken by writ.” It refers to a legal order that prohibits the seizure of property or assets through a writ.
This legal concept is typically used when a party seeks to prevent the enforcement of a judgment or the execution of a writ that would result in the seizure of their property.
To obtain a Nihil Capiat Per Breve, you would need to file a motion or application with the court, explaining the reasons why you believe the seizure of your property should be prohibited.
The grounds for obtaining a Nihil Capiat Per Breve may vary depending on the jurisdiction and the specific circumstances of the case. Generally, it may be granted if there is a risk of irreparable harm or if there are legal or procedural errors in the enforcement process.
Yes, a Nihil Capiat Per Breve can be challenged by the opposing party. They may file a motion to set aside or vary the order, presenting arguments against the prohibition of the seizure.
The duration of a Nihil Capiat Per Breve is determined by the court. It may be temporary, lasting until a further hearing or until the court makes a final decision on the matter.
If a Nihil Capiat Per Breve is violated, the party who violated the order may face legal consequences, such as contempt of court charges or other penalties imposed by the court.
Yes, a Nihil Capiat Per Breve can be appealed if the party affected by the order believes that the court made an error in granting or denying the prohibition of the seizure.
No, Nihil Capiat Per Breve is not applicable in all legal cases. Its availability and applicability may depend on the specific laws and rules of the jurisdiction in which the case is being heard.
Nihil Capiat Per Breve is not typically used as a means to avoid paying a debt. Its purpose is to protect individuals from unjust or improper seizure of their property, rather than absolving them of their financial obligations.
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: 16th April 2024.
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