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beneficium separationis        (ben-<<schwa>>-fish-ee-<<schwa>>m sep-<<schwa>>-ray-shee-oh-nis). [Latin “privilege of separation”] Roman law. The right of a creditor of the deceased to have the property of the deceased separated from an heir’s property. • This separation protected the creditors by ensuring that the deceased’s property was not used to pay the heir’s creditors. — Also termed separatio…

beneficium ordinis (ben-<<schwa>>-fish-ee-<<schwa>>m or-d<<schwa>>-nis). [Latin “privilege of order”] Roman & Scots law. A surety’s right to require a creditor to seek payment from the principal debtor before seeking payment from the surety. See BENEFIT OF DISCUSSION. “Beneficium Ordinis… by the civil law and our own, a cautioner, simply bound as such, is entitled to insist…

beneficium competentiae      (ben-<<schwa>>-fish-ee-<<schwa>>m kom-p<<schwa>>-ten-shi-ee). [Latin “privilege of competency”] Roman & Scots law. A debtor’s right to be ordered to pay only as much as the debtor reasonably could, so that after assigning his or her estate to creditors, the debtor kept enough to live on. See assignment for the benefit of creditors under ASSIGNMENT;…

beneficium cedendarum       actionum           (ben-<<schwa>>-fish-ee-<<schwa>>m see-den-day-r<<schwa>>m ak-shee-oh-n<<schwa>>m). [Latin “privilege of having actions made over”] Roman & Scots law. The right of a cosurety who might or might not have paid the debt to compel the creditor to give over the right of action against the debtor and the other cosureties. • Under Scots law,…

beneficium abstinendi (ben-<<schwa>>-fish-ee-<<schwa>>m ab-sti-nen-dI). [Latin “privilege of abstaining”] Roman law. The right of an heir to refuse an inheritance and thus avoid liability for the testator’s debts. “[T]hese heirs came also to be protected by the praetor, viz. by the jus or beneficium abstinendi. Provided they took care not to act as heir in any…

beneficium (ben-<<schwa>>-fish-ee-<<schwa>>m), n. [Latin “benefit”] 1.Roman law. A privilege, remedy, or benefit granted by law, such as the beneficium abstinendi (“privilege of abstaining”), by which an heir could refuse to accept an inheritance (and thereby avoid the accompanying debt).2.Hist. A lease, generally for life, given by a ruler or lord to a freeman. • Beneficium…

beneficio     primo    ecclesiastico       habendo            (ben-<<schwa>>-fish-ee-oh         pry-moh            << schwa>>-klee-z[h]ee-as-t<<schwa>>-koh h<<schwa>>-ben-doh). [Latin “having the first ecclesiastical benefice”] Hist. A writ from the king to the lord chancellor ordering the appointment of a named person to the first vacant benefice.[Blacks Law 8th]

beneficiary heir.See HEIR.[Blacks Law 8th]

beneficiary (ben-<<schwa>>-fish-ee-er-ee or ben-<<schwa>>-fish-<<schwa>>-ree), n.1. A person for whose benefit property is held in trust; esp., one designated to benefit from an appointment, disposition, or assignment (as in a will, insurance policy, etc.), or to receive something as a result of a legal arrangement or instrument. 2. A person to whom another is in a…

beneficial use.See USE(1).[Blacks Law 8th]