beneficium competentiae

noun

beneficium com·pe·ten·ti·ae | \ -ˌkäm-pə-ˈten-tē-ˌī, -ˈten-chē-ˌē\

Definition of 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