Legal Definitions - bona

The term "bona" is Latin for "goods" and generally refers to chattels or personal property. It encompasses items that are movable and not considered real estate. The legal system often uses "bona" in various specific contexts to describe different types of property or property under particular circumstances.

• bona

  In its broadest sense, bona refers to personal property or goods. These are items that can be moved and are not permanently attached to land.

  • Example 1: When someone sells their house, the furniture, appliances, and artwork inside are generally considered their bona, separate from the real estate itself.

    Explanation: These items are movable and distinct from the immovable property (the house and land).

  • Example 2: A small business owner's inventory of products, office supplies, and company vehicles are all examples of their bona.

    Explanation: These are tangible assets that are not real estate and can be moved or transported.

• bona adventitia

  This term has two main historical meanings:

  1. In Roman law, it referred to goods acquired by free individuals through their own efforts, rather than through their father (paterfamilias), or by slaves through means other than their owner.
  2. In civil law, it refers to goods acquired by chance or unexpectedly, but not through inheritance.

  • Example 1 (Roman Law context): A young Roman citizen, working as a skilled artisan, earns money and purchases tools and materials for their craft. These acquisitions would be considered bona adventitia because they were obtained independently of their father's estate.

    Explanation: The property was acquired through personal endeavor, not through the traditional family structure.

  • Example 2 (Civil Law context): Someone buys a painting at a flea market for a small sum, only to later discover it is a valuable work by a renowned artist. The unexpected increase in value and the painting itself could be considered bona adventitia.

    Explanation: The valuable acquisition was a stroke of luck, not a planned inheritance or a direct purchase of a known valuable item.

• bona confiscata

  This refers to goods that have been officially seized by or forfeited to the government or state (historically, the Crown).

  • Example 1: After a conviction for drug trafficking, a court orders the seizure of the criminal's luxury car and offshore bank accounts. These assets become bona confiscata.

    Explanation: The property was taken by the government as a penalty for a crime.

  • Example 2: A company is found guilty of severe environmental violations, and its manufacturing equipment and raw materials are forfeited to the state as part of the penalty. These items are bona confiscata.

    Explanation: The assets were legally seized by the government due to illegal activities.

• bona felonum

  This term describes personal property that belongs to an individual who has been convicted of a felony (a serious crime).

  • Example 1: A person convicted of grand theft auto still owns their personal belongings, such as their clothing, books, and family photos, even while incarcerated. These items are their bona felonum.

    Explanation: These are the personal possessions of an individual who has been found guilty of a felony.

  • Example 2: A convicted embezzler maintains ownership of their personal investment portfolio, provided it was not part of the assets confiscated due to the crime. This portfolio represents their bona felonum.

    Explanation: The investment portfolio constitutes personal property belonging to a convicted felon.

• bona forisfacta

  This refers to goods that have been forfeited, meaning they are lost as a penalty for a crime, breach of contract, or other legal transgression.

  • Example 1: A tenant breaches their lease agreement by causing significant damage to the property. As a result, their security deposit is withheld by the landlord. This deposit is bona forisfacta.

    Explanation: The security deposit was lost as a penalty for violating the lease terms.

  • Example 2: A person places a large wager on a sporting event through an illegal bookmaker. When the authorities raid the operation, the money placed on the bet is seized and forfeited. This money is bona forisfacta.

    Explanation: The funds were lost due to participation in an illegal activity.

• bona fugitivorum

  This term describes goods or property belonging to an individual who is a fugitive from justice (someone who has fled to avoid arrest or prosecution). It is also known as bona utlagatorum.

  • Example 1: A person wanted for questioning in a major fraud case suddenly disappears, leaving behind their car, personal electronics, and bank accounts. These abandoned assets are considered bona fugitivorum.

    Explanation: The property belongs to someone actively evading legal authorities.

  • Example 2: An individual flees the country to escape a warrant for their arrest, leaving behind a valuable art collection in their home. This collection would be classified as bona fugitivorum.

    Explanation: The art collection is property owned by a person who is a fugitive.

• bona immobilia

  This refers to immovable property, which primarily means real estate—land and anything permanently attached to it.

  • Example 1: A family farm, including the land, farmhouse, and barns, is considered bona immobilia.

    Explanation: These are fixed assets that cannot be moved.

  • Example 2: A large commercial skyscraper in a city center, along with the plot of land it occupies, represents bona immobilia.

    Explanation: The building and land are permanently fixed and cannot be relocated.

• bona mobilia

  This refers to movable property, meaning items that can be transported or relocated, as opposed to real estate.

  • Example 1: A person's extensive collection of vintage vinyl records and their stereo system are examples of bona mobilia.

    Explanation: These items can be easily moved from one location to another.

  • Example 2: A fleet of delivery trucks owned by a logistics company, along with the goods they transport, are considered bona mobilia.

    Explanation: The trucks and their cargo are designed to be moved and transported.

• bona notabilia

  This term describes "notable goods" or property of significant value that must be formally accounted for and administered as part of a deceased person's estate, especially when the property is located in different jurisdictions.

  • Example 1: A deceased individual owned a valuable antique car collection, a substantial stock portfolio, and several bank accounts. These assets would collectively be considered bona notabilia, requiring careful inventory and management by the estate's executor.

    Explanation: The assets are significant enough to warrant formal accounting and administration during the probate process.

  • Example 2: An artist passes away, leaving behind a studio full of unsold paintings, valuable art supplies, and intellectual property rights to their works. These items constitute bona notabilia that must be valued and managed as part of their estate.

    Explanation: The collection of artworks and intellectual property represents notable assets requiring formal estate administration.

• bona paraphernalia

  Historically, this referred to a married woman's personal clothing, jewelry, and ornaments that were considered her own property and were not included in her dowry (property she brought into the marriage) or subject to her husband's control.

  • Example 1: A married woman inherits a diamond necklace from her grandmother and also owns several expensive gowns and personal accessories. These items, distinct from any property she contributed to the marriage as a dowry, would be her bona paraphernalia.

    Explanation: These are personal items of adornment and clothing owned by a married woman, separate from her dowry.

  • Example 2: A wife's collection of antique brooches and her custom-made wedding dress, acquired during her marriage, would be considered her bona paraphernalia, remaining her personal property even if other marital assets were jointly owned.

    Explanation: These are personal ornaments and clothing belonging to a married woman, distinct from other marital property.

• bona peritura

  This term refers to perishable goods—items that are susceptible to decay, spoilage, or rapid depreciation in value. An executor or trustee managing an estate containing such goods has a duty to sell them promptly to convert them into money before they lose value.

  • Example 1: The estate of a deceased farmer includes a large harvest of fresh fruits and vegetables. These crops are bona peritura and must be sold quickly by the executor to prevent spoilage and loss of value.

    Explanation: The agricultural produce is perishable and requires immediate action to preserve its economic value for the estate.

  • Example 2: A deceased antique dealer's estate contains a collection of delicate, unrestored wooden furniture that is rapidly deteriorating due to environmental conditions. These items are bona peritura, and the trustee must arrange for their prompt sale or restoration to prevent further loss.

    Explanation: The furniture is susceptible to rapid decay, necessitating quick action by the trustee to realize its value.

• bona vacantia

  This term, meaning "vacant goods," refers to property that is ownerless. This can occur in two main ways:

  1. Property left by a deceased person who had no will and no identifiable legal heirs to inherit it under intestacy laws.
  2. Any other property that genuinely has no owner.

  • Example 1: An elderly person dies without a will and has no known living relatives. Their bank accounts, personal effects, and any real estate they owned would become bona vacantia, typically reverting to the state.

    Explanation: The property is ownerless because there are no legal heirs or a will to direct its distribution.

  • Example 2: A forgotten safe deposit box is discovered after decades, containing valuable items, but the original owner cannot be traced, and no heirs come forward. The contents would be considered bona vacantia.

    Explanation: The property has no identifiable owner or claimant.

  • Example 3: A shipwreck is discovered in international waters, and its cargo is salvaged. If no historical owner or nation can establish a claim, the cargo might be deemed bona vacantia.

    Explanation: The salvaged goods are without a clear owner.

• bona waviata

  This refers to stolen goods that a thief discards or throws away while fleeing from justice. Historically, such goods would often revert to the Crown as a penalty to the original owner for failing to pursue the thief and recover the items.

  • Example 1: A burglar steals a laptop and a watch from a house. While escaping, they are spotted by a neighbor and drop the laptop in a bush to run faster. The discarded laptop becomes bona waviata.

    Explanation: The stolen item was abandoned by the thief during their flight.

  • Example 2: A shoplifter grabs several expensive items from a store. As security pursues them, they toss the merchandise into a dumpster outside the mall. These discarded items are bona waviata.

    Explanation: The stolen goods were thrown away by the thief while attempting to escape.