Legal Definitions - arrestandis bonis ne dissipentur

Arrestandis bonis ne dissipentur is a Latin legal phrase that translates to "for the purpose of seizing goods lest they be dissipated." It refers to a court order issued to prevent a party in a lawsuit from selling, hiding, or destroying assets that might be needed to satisfy a future judgment or claim. Essentially, it's a protective measure taken by the court to preserve property until the legal dispute is resolved.

Here are some examples illustrating how this legal term applies:

• Example 1: Divorce Proceedings

  Imagine a couple, Sarah and Mark, who are in the midst of a contentious divorce. Sarah learns that Mark is secretly attempting to sell their jointly owned vacation home and transfer the proceeds to an offshore account, intending to hide the money from the divorce settlement. To prevent this, Sarah's lawyer could petition the court for an arrestandis bonis ne dissipentur order.

  This order would legally prevent Mark from selling the vacation home or moving the funds, ensuring that the asset remains available for equitable division during the divorce proceedings. The court acts to "seize" or secure the property (the home and its potential proceeds) to prevent its "dissipation" (being hidden or sold off) before a final judgment on asset division.

• Example 2: Business Fraud and Debt Collection

  A small business, "InnovateTech," wins a significant lawsuit against a competitor, "GlobalCorp," for patent infringement, resulting in a large monetary judgment. Before InnovateTech can collect the awarded damages, they discover that GlobalCorp is rapidly selling off its valuable machinery and transferring its intellectual property rights to a newly formed subsidiary, seemingly to avoid paying the judgment.

  InnovateTech's legal team could seek an arrestandis bonis ne dissipentur order. This court order would freeze GlobalCorp's assets, such as bank accounts, remaining machinery, or the transfer of intellectual property, preventing GlobalCorp from "dissipating" (getting rid of or hiding) these assets. This ensures that there will be sufficient funds or property available to satisfy the judgment awarded to InnovateTech.

• Example 3: Estate Disputes

  After the passing of a wealthy individual, a dispute arises among the potential heirs regarding the validity of the will. One of the named beneficiaries, who has access to the deceased's valuable art collection, begins making arrangements to sell several paintings, claiming they are personal gifts, before the court has determined the rightful executor or the true beneficiaries of the estate.

  Another heir or a party with a legitimate claim could request an arrestandis bonis ne dissipentur order from the probate court. This order would legally prohibit the beneficiary from selling or moving the paintings, effectively "seizing" them in place. The purpose is to prevent the "dissipation" (sale or removal) of these valuable estate assets until the court can definitively rule on the will's validity and the proper distribution of the estate.