Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Familia
[Latin] Roman law. 1. All the persons in the power of the head of a family.. See PATERFAMILIAS. 2. One's legal relations through and with one's family, including all property, ancestral privileges, and duties."The testator conveyed to him outright his whole 'familia,' that is, all the rights he enjoyed over and through the family; his property, his slaves, and all his ancestral privileges, together, on the other hand, with all his duties and obligations." Henry S. Maine, Ancient Law 170 (17th ed. 1901).
Filiusfamilias
[Latin "the son of a family"] Roman law. An uneman-cipated son or daughter, grandson or granddaughter. - Also termed homo alieni juris. "Every Roman citizen is either a paterfamilias or a filiusfamilias, according as he is free from paternal power (homo sui juris) or not (homo alieni juris). Paterfamilias is the generic name for a homo sui juris, whether child or adult, married or unmarried. Filiusfamilias is the generic name for a homo alieni juris, whether son or daughter, grandson or granddaughter, and so on." Rudolph Sohm, The Institutes: A Textbook of the History and System of Roman Private Law 177 (James Crawford Ledlie trans., 3d ed. 1907).
Materfamilias
n. [Latin] Roman law. 1. The wife of a paterfamilias, or the mistress of a family. 2. A respectable woman of a household, either married or single.
Multa ignoramus quae nobis non laterent si veterum lectio nobis fuit familiaris
We are ignorant of many things that would not be hidden from us if the reading of old authors were familiar to us.
actio familiae erciscundae
[Latin "to divide an estate"] Roman law. An action for the partition of the inheritance among heirs. -Sometimes shortened to familiae erciscundae.
emptor familiae
See FAMILIAE EMPTOR.
familiae emptor
[Latin "estate purchaser"] Roman law. A trustee who received an inheritance by a fictitious purchase and distributed it as the testator instructed. -Also termed emptor familiae. See HERES; TWELVE TABLES. "At some date, probably long before the XII Tables, men on the point of death, unable to make a true will because there was no imminent sitting of the Comitia, adopted the practice of conveying all their property ... to a person who is described as the familiae emptor, and who is said by Gaius to be in loco heredis. Instructions were no doubt given to him as to the disposal of the property or part of it, but it is not clear that these were enforceable ...." W.W. Buckland, A Manual of Roman Private Law 175 (2d ed. 1953).
familiae erciscundae
See ACTIO FAMILIAE ERCISCUNDAE.
familiares Regis
[Law Latin] Hist. 1. Persons of the king's household. 2. The ancient title of the six clerks of chancery in England.
forisfamiliate
ub. [fr. Latin foris "outside" + familia "family"] Hist. To emancipate (a son) from paternal authority by a gift of land. 0 This act usu. rendered the son ineligible to inherit more property. - Also termed (archaically) forisfamiliare.
forisfamiliated
adj. Hist. (Of a son) emancipated from paternal authority and in possession of a portion of family land in lieu of inheritance."If our English law at any time knew an enduring patria potestas which could be likened to the Roman, that time had passed away long before the days of Bracton .... Bracton, it is true, has copied about this matter some sentences from the Institutes which he ought not to have copied; but he soon forgets them, and we easily see that they belong to an alien system. Our law knows no such thing as 'emancipation,' it merely knows an attainment of full age .... In old times a forisfamiliated son, that is, one whom his father had enfeoffed, was excluded from the inheritance. This is already antiquated, yet Bracton can find nothing else to serve instead of an emancipatio." 2 Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of Edward 1438, 438 n.3 (2d ed. 1899).
forisfamiliation
n. [Law Latin] Hist. The act of forisfamiliating a son.
paterfamilias
n. [Latin] Roman law. The male head of a family or household; esp., one invested with potestas (power) over another. - Also termed homo