Deficientibus is a Latin term utilised in Scottish law to denote individuals who were intended to inherit an estate but passed away before they could. It is commonly employed in a disposition, a legal document that transfers property from one individual to another. This expression, meaning “who failing,” bears resemblance to the term “quibus non-existentibus.”
In Scottish law, the term “quibus deficientibus” is used to describe individuals who were designated as heirs to an estate but have since deceased. It signifies “who failing.” For instance, if a will specified that John would inherit an estate, but John died before the previous owner, the phrase “quibus deficientibus” would be employed to refer to John and any other named successors who also passed away prior to inheriting the estate.
“Quibus Deficientibus” is a Latin legal term that translates to “in the absence of others.” It is often used in legal documents to refer to a situation where certain individuals or entities are unable to fulfill their obligations or duties.
In legal contracts, “Quibus Deficientibus” is commonly used to specify what should happen if a particular party or parties are unable to perform their obligations. It helps establish a contingency plan or alternative course of action in case of non-performance.
Yes, “Quibus Deficientibus” can be used in various legal agreements, such as contracts, wills, trusts, and partnership agreements. It provides flexibility and ensures that the agreement remains valid even if certain parties are unable to fulfill their obligations.
If the term “Quibus Deficientibus” is not included in a legal contract, the agreement may become void or unenforceable if any party is unable to perform their obligations. It is essential to include this provision to protect the interests of all parties involved.
No, “Quibus Deficientibus” is typically not applicable in cases of negligence or intentional misconduct. It is primarily used to address situations where a party is unable to perform due to unforeseen circumstances or events beyond their control.
Yes, “Quibus Deficientibus” is a widely recognized legal term used in many jurisdictions. However, its specific interpretation and application may vary depending on the legal system and the context in which it is used.
Yes, the term “Quibus Deficientibus” can be modified or customized to suit the specific needs and requirements of the parties involved. It is advisable to consult with a legal professional to ensure that the modification aligns with the applicable laws and regulations.
Yes, “Quibus Deficientibus” can apply to both individuals and organisations. It can be used to address non-performance by individuals, companies, government entities, or any other party involved in a legal agreement.
In some cases, “Quibus Deficientibus” can lead to the termination of a legal agreement if the non-performance of a specific party is deemed significant or irreparable. However, the specific consequences and termination provisions should be clearly outlined in the agreement itself.
While it is not mandatory, it is highly recommended to consult a lawyer when including “Quibus Deficientibus” or any other complex legal provisions in a contract. A lawyer can provide guidance, ensure the provision is properly drafted, and help protect your rights and interests.
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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