Legal Definitions - allocatione facienda

allocatione facienda

Allocatione facienda is a Latin legal phrase that translates to "concerning the making of an allocation" or "regarding an allocation to be made." In practical terms, it refers to the legal requirement or process of distributing, assigning, or setting aside resources, funds, responsibilities, or assets according to a specific plan, legal mandate, or court order. It emphasizes the active decision-making and execution involved in dividing or distributing something for a particular purpose.

• Example 1: Estate Distribution

  After a person passes away, their will specifies that their estate—including money, property, and personal possessions—should be divided among their spouse, children, and a designated charity. The executor of the will, under the supervision of the probate court, is responsible for the allocatione facienda of these assets.

  This means the executor must meticulously value the assets, pay any outstanding debts, and then precisely distribute the remaining portions to each beneficiary as outlined in the will. The entire process of determining and executing these specific distributions is the "allocatione facienda."

• Example 2: Corporate Bankruptcy Proceedings

  When a company declares bankruptcy, a court-appointed trustee is tasked with liquidating the company's assets and distributing the proceeds among its various creditors (e.g., banks, suppliers, bondholders) according to a legally mandated priority order. This entire process is an exercise in allocatione facienda.

  The trustee's actions, from selling assets to calculating each creditor's share and making the final payments, constitute the "allocatione facienda." It's the formal and legally governed act of assigning specific portions of the available funds to different parties based on their legal claims and the bankruptcy code.

• Example 3: Government Grant Programs

  A federal agency receives a large appropriation from Congress to fund scientific research in a particular field. The agency then establishes a competitive grant program and invites research institutions to submit proposals. After a thorough review process, the agency's grant committee decides which specific projects will receive funding and how much each will be awarded.

  The committee's detailed process of evaluating proposals, prioritizing research areas, and assigning specific amounts of money to the chosen projects is the allocatione facienda. It represents the practical implementation of the broader congressional appropriation, transforming a general fund into concrete distributions for specific research initiatives.