Legal Definitions - abatare

The term abatare is a historical legal verb meaning to abate. In its historical context, it referred to the act of putting an end to something, nullifying it, or reducing its effect, often in the context of legal proceedings or nuisances.

Here are some examples illustrating the historical application of abatare:

• Example 1: Abating a Nuisance

  Imagine a historical scenario where a landowner built a large, noisy mill right next to a neighbor's quiet estate, causing constant disturbance. The aggrieved neighbor might have sought a legal remedy to abatare the nuisance. This meant they would pursue a legal action to compel the mill owner to either cease the disruptive operations or significantly reduce the noise and other disturbances, effectively putting an end to the nuisance.

• Example 2: Abating a Legal Writ or Action

  In historical common law, if a plaintiff initiated a lawsuit (known as a "writ") but made a fundamental error in the legal document, such as incorrectly identifying the defendant or stating the wrong jurisdiction, the defendant could argue that the writ should abatare. In this context, to abatare meant that the lawsuit would be quashed or brought to an end due to the procedural defect, forcing the plaintiff to correct the error and potentially refile the action.

• Example 3: Abating an Obstruction

  Consider a historical situation where a public pathway or road was unlawfully blocked by a private individual, preventing others from passing. Local authorities or even individuals directly affected might have had the right to abatare this obstruction. This would involve taking legal or sometimes even direct action to remove the barrier, thereby ending the impediment to public passage and restoring the right of way.