Vergens ad inopiam is a Latin term that signifies being on the brink of poverty. In civil law, it denotes a situation in which a debtor is in danger of becoming insolvent. When a creditor is aware that their debtor is vergens ad inopiam, they can take specific legal actions to safeguard their interests. For instance, they can secure a precept of arrestment on a bill before it is due, enabling them to seize any funds owed to the debtor. However, this is only permitted as a protective measure, and the creditor cannot access the seized funds until the bill matures. The evidence of the debtor’s vergens ad inopiam status will differ depending on the specifics of each case.
Vergens ad inopiam, which means “verging on poverty” in Latin, is a term used in civil law to describe a situation where an individual is on the brink of insolvency or unable to repay their debts. When a debtor is clearly vergens ad inopiam, a creditor is permitted to take certain actions to safeguard their interests that would otherwise be prohibited. For instance, if a debtor owes money under a bill, the creditor can obtain a precept of arrestment on the bill before it is due, allowing them to seize any funds owed to the debtor. However, the creditor cannot utilise the seized funds until the bill becomes due. The determination of whether someone is vergens ad inopiam can vary depending on the circumstances of each case, and the evidence required to prove this fact will also differ.
To provide some examples, let’s consider John and Sarah. John is in debt to his creditor but has recently lost his job and is struggling financially. Recognizing that John is vergens ad inopiam, his creditor decides to obtain a precept of arrestment on the bill to protect their interests. On the other hand, Sarah, a small business owner, is also vergens ad inopiam due to the COVID-19 pandemic. Her landlord, aware of her situation, chooses to negotiate a payment plan with her instead of evicting her for non-payment of rent. These instances demonstrate how being vergens ad inopiam can impact an individual’s ability to repay their debts and how creditors may employ legal measures to safeguard their interests in such circumstances.
Vergens Ad Inopiam is a Latin term that translates to “approaching destitution” in English. It refers to a legal doctrine that allows a person to claim financial hardship as a defence in certain legal proceedings.
Vergens Ad Inopiam can be used as a defence when a person is unable to fulfill their legal obligations due to extreme financial hardship. This defence is commonly used in cases involving debt repayment, contract breaches, or non-payment of fines.
To prove Vergens Ad Inopiam, you must provide evidence of your financial situation, such as bank statements, income records, and proof of expenses. It is essential to demonstrate that you genuinely lack the means to fulfill your legal obligations.
Vergens Ad Inopiam may be used as a defence in child support cases, but it is not a guaranteed way to avoid payment. The court will consider various factors, including the best interests of the child, before deciding whether to accept this defence.
Vergens Ad Inopiam cannot be used as a defence to avoid paying taxes. Tax obligations are generally not considered discretionary and are not typically subject to this defence.
Vergens Ad Inopiam can be used as a defence to avoid paying a fine if you can prove that paying the fine would cause extreme financial hardship. However, the court has the discretion to determine whether your circumstances warrant this defence.
Vergens Ad Inopiam can be used as a defence to get out of a contract if you can demonstrate that fulfilling the contract would lead to severe financial hardship. However, the court will consider various factors, including the nature of the contract and the parties involved, before making a decision.
Vergens Ad Inopiam can be used as a defence to avoid repaying a loan if you can prove that repaying the loan would cause extreme financial hardship. However, the court will consider the terms of the loan agreement and your financial circumstances before making a ruling.
Vergens Ad Inopiam may be used as a defence to avoid eviction if you can demonstrate that paying rent or finding alternative housing would cause extreme financial hardship. However, the court will consider various factors, including the landlord’s rights and your ability to pay, before making a decision.
Vergens Ad Inopiam is primarily used as a defence in civil cases involving financial obligations. It is not typically applicable in criminal cases, as criminal offenses are generally not excused based on financial hardship alone.
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/vergens-ad-inopiam/
- Modern Language Association (MLA):Vergens Ad Inopiam. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/vergens-ad-inopiam/.
- Chicago Manual of Style (CMS):Vergens Ad Inopiam. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/vergens-ad-inopiam/ (accessed: May 09 2024).
- American Psychological Association (APA):Vergens Ad Inopiam. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/vergens-ad-inopiam/
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