beneficium competentiae

1 Roman law :  the right of a defendant debtor bearing to plaintiff a special relationship (such as that of ascendant, patron, husband, former partner, or one who has promised but not delivered a gift or dowry) to a judgment that will not deprive the debtor of the means of existence

2a civil law :  the right of a gratuitous grantor to reserve if indigent a competency to himself or herself out of the subject of his grant b Scots law :  this right extended to fathers and grandfathers with respect to provisions granted to their children