Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Beneficium
[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 in this sense arose on the continent .among the german tribes after the collapse of the roman empire.
Beneficium invito non datur
A privilege or benefit is not granted against a person's will.
Beneficium principis debet esse mansurum
.The benefaction of a prince ought to be be lasting.
Commenda, est facultas recipiendi et retinendi beneficium contra jus positivum a suprema potestate
A commendam is the power of receiving and retaining a benefice contrary to positive law, by supreme authority.
Injuria propria non cadet beneficium facientis
No benefit shall accrue to a person from his own wrongdoing.
Invito beneficium non datur
No benefit is given to one unwilling. ( No one is obliged to accept a benefit against his consent. Dig. 50.17.69.
Merito beneficium legis amittit qui legem ipsam subvertere intendit
A person deservedly loses the protection of the law who attempts to overturn the law itself.
Privilegium est beneficium personale et extinguitur cum persona
A privilege is a benefit belonging to a person, and it dies with the person.
beneficium abstinendi
[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 kind of way, then, whether they formally demanded the privilege or not, their own property could not be made liable for their ancestor's debts." R.W. Leage, Roman Private Law 220 (C.H. Ziegler ed., 2d ed. 1930).
beneficium cedendarum actionum
[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 other cosurety. 0 Under Scots law, a cosurety's (or cocautioner's) right of action against the nonpaying cosurety arises on payment, without the necessity of compelling the creditor to assign the action. But in Roman law, the right of action arose before the paying of the debt.
beneficium competentiae
[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 divisionis
See BENEFIT OF DIVISION.
beneficium inventarii
See BENEFIT OF INVENTORY.
beneficium ordinis
[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 B& N19FICE DE DISCUSSION."Beneficium Ordinis . . . by the civil law and our own, a cautioner, simply bound as such, is entitled to insist that the principal be first discussed by extreme diligence." Hugh Barclay, A Digest of the Law of Scotland 76 (3d ed. 1865).