Posts by admin

benefit of inventory.Civil law. The principle that an heir’s liability for estate debts is limited to the value of what is inherited, if the heir so elects and files an inventory of the estate’s assets. — Also termed bénéfice d’inventaire. [Cases: Descent and Distribution  119.C.J.S. Descent and Distribution §§ 112, 114, 123.][Blacks Law 8th]

benefit of discussion.Civil law. A guarantor’s right to require a creditor to seek payment from the principal debtor before seeking payment from the guarantor. — Also termed (in French law) bénéfice de discussion; (in Scots law) right of discussion. [Cases: Guaranty  42(1), 45, 77(2).] “Benefit of Discussion. By common law a cautioner, bound simply as…

  benefit of counsel.See RIGHT TO COUNSEL(1). [Blacks Law 8th]

benefit of clergy. 1. At common law, the privilege of a cleric not to be tried for a felony in the King’s Court <in the Middle Ages, any man who could recite the “neck verse” was granted the benefit of clergy>. • Although clergy includes monks and nuns as well as priests, there are no…

benefit of cession.Civil law. A debtor’s immunity from imprisonment for debt. • The immunity arises when the debtor’s property is assigned to the debtor’s creditors. See CESSIO BONORUM.[Blacks Law 8th]

benefit-of-bargain rule.See BENEFIT-OF-THE-BARGAIN RULE. [Blacks Law 8th]

benefit of an earlier filing date.Patents & trademarks. For a patent or trademark applicant, the advantage of being assigned the filing date of a related, earlier-filed application. • Under 35 USCA § 119: (1) a U.S. patent application is given the filing date of an earlier foreign application filed in accordance with the Paris Convention…

benefit certificate.A written obligation to pay a named person a specified amount upon stipulated conditions. • Benefit certificates are often issued by fraternal and beneficial societies. [Cases: Beneficial Associations  18(1). C.J.S. Beneficial Associations § 29.][Blacks Law 8th]

benefit association.See benevolent association under ASSOCIATION. [Blacks Law 8th]

benefit,n.1. Advantage; privilege <the benefit of owning a car>.2. Profit or gain; esp., the consideration that moves to the promisee <a benefit received from the sale>. — Also termed legal   benefit; legal value. Cf. DETRIMENT(2). death benefit.(usu. pl.) A sum or sums paid to a beneficiary from a life-insurance policy on the death of…