Quorum Bonorum and Bonorum Possessio Contra Tabulas are legal terms derived from Roman law. Quorum Bonorum refers to the right of a person to acquire an estate, while Bonorum Possessio Contra Tabulas allows someone to take possession of an estate even if it contradicts the terms of the will. However, this is only permitted in specific circumstances, such as when a daughter or emancipated son is excluded from the will. In such cases, the legacies mentioned in the will remain valid, but if any male under the testator’s authority is disregarded, the will becomes invalid and intestacy ensues.
In Roman law, the term “quorum bonorum” referred to a praetorian interdict that allowed a person to take possession of an estate. Similarly, “bonorum possessio contra tabulas” was an order that authorized the applicant to take possession of an estate contrary to the testament. Magistrates would make such orders in cases where a testator passed over a daughter or an emancipated son who was not expressly disinherited. For example, if a father passed away and did not include his son in his will, the son could apply for bonorum possessio contra tabulas to take possession of the estate. The legacies in the will remained valid, but if the testator passed over any male in the testator’s power, the will was invalidated and intestacy resulted. This legal concept allowed individuals to take possession of an estate even if they were not included in the will or testament.
Quorum Bonorum is a Latin term that refers to a legal requirement for a minimum number of participants or stakeholders to be present in order to make a valid decision or take action.
The determination of Quorum Bonorum depends on the specific rules or regulations governing the particular organisation or group. It is usually defined in the organisation’s bylaws or governing documents.
If Quorum Bonorum is not met, the decision-making process or action may be deemed invalid or ineffective. In such cases, the matter may need to be revisited at a later time when the required number of participants is present.
In some cases, Quorum Bonorum can be waived if all participants or stakeholders unanimously agree to proceed without meeting the minimum requirement. However, this is subject to the specific rules and regulations governing the organisation.
Yes, Quorum Bonorum can be challenged if there are concerns about the validity of the decision or action taken. This may involve legal proceedings or internal dispute resolution mechanisms, depending on the nature of the organisation.
Quorum Bonorum can generally be set at any number as long as it is specified in the organisation’s governing documents. However, it should be reasonable and practical to ensure effective decision-making.
Yes, Quorum Bonorum can be different for different types of decisions. For example, a higher quorum may be required for major financial decisions compared to routine administrative matters.
Yes, Quorum Bonorum can be changed through a formal process of amending the organisation’s bylaws or governing documents. This usually requires a vote or agreement by the participants or stakeholders.
In some cases, Quorum Bonorum can be met through proxy voting, where participants can appoint someone else to vote on their behalf. However, this is subject to the specific rules and regulations governing the organisation.
In certain emergency situations, Quorum Bonorum may be waived to allow for swift decision-making. However, this is typically limited to exceptional circumstances and should be clearly defined in the organisation’s governing documents.
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.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/quorum-bonorum/
- Modern Language Association (MLA):Quorum Bonorum. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/quorum-bonorum/.
- Chicago Manual of Style (CMS):Quorum Bonorum. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/quorum-bonorum/ (accessed: May 09 2024).
- American Psychological Association (APA):Quorum Bonorum. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/quorum-bonorum/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts