beneficium competentiae

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

Definition of beneficium competentiae

  1. 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

  2. 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

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Origin and Etymology of beneficium competentiae

Medieval Latin, right to a competency

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to cast off or become cast off

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