Latin Legal Terms

Beneficium

Beneficium or “beneficia” - this Latin term refers to benefit, privilege, right that was given for a lifetime by the emperor towards a citizen, usually as a type of reward for their service to the emperor. Within the sphere of Contracts Law nowadays, it is used to detail the valuable right, which somebody will receive. The word participates in several legal phrases and maxims:
- “invito beneficium non datur”, which means that a person can not be forced to accept a benefit without his/her approval. The word participates also in the legal maxim “lex beneficialis rei consimili remedium praestat”, which means that beneficial law furnishes a remedy in a similar case or matter.
- “beneficium abstinendi” – used in the area of Inheritance Law in some jurisdictions to the detail the figure of a heir who does not want to accept the inheritance, but refuses officially to receive it.
- “beneficium compententiae” - which refers to a civil rule, applicable in some legal systems, where the debtor has the rights to pay monthly to their creditors only such amount of money, which will leave some to him as well to live and work. Basically the term refers to the minimum of money, needed by the debtor, which minimum of money can not be burdened or given towards creditors.
- “beneficium inventarii” – it refers to a civil rule, applicable in the Inheritance Law in some jurisdictions. It provides that a heir who has accepted the inheritance, can not be liable for bigger debt than the actual value of the accepted inheritance assets.

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