Legal Definitions - bonis non amovendis

The Latin term bonis non amovendis refers to a legal directive or order that prohibits the removal, transfer, or disposal of specific goods or assets. Its primary purpose is to preserve property that is currently subject to a legal dispute or proceeding, ensuring that these assets remain available and intact until the court makes a final decision or the matter is otherwise resolved.

Here are some examples to illustrate this concept:

• Divorce Proceedings: Imagine a couple undergoing a contentious divorce. They own a valuable antique furniture collection and several joint bank accounts. To prevent either spouse from selling the furniture or emptying the bank accounts before the court can determine a fair division of marital assets, a judge might issue a bonis non amovendis order. This order legally binds both parties, ensuring the assets are preserved until the divorce settlement is finalized.

• Estate Administration: When a person passes away, their estate goes through a process called probate. If there's a dispute among heirs regarding the validity of the will or the distribution of specific valuable items, such as rare coins or artwork, the court might issue a bonis non amovendis order to the executor. This prevents the executor from selling, moving, or distributing these particular items until the dispute among the heirs is resolved, thereby safeguarding the assets for their rightful beneficiaries.

• Debt Collection: A business might owe a significant sum of money to a supplier, and the supplier has obtained a court judgment for the debt. If the supplier suspects the debtor business is attempting to sell off its valuable equipment or inventory to avoid paying the judgment, the court could issue a bonis non amovendis order. This order would legally prevent the debtor from selling or moving those specific assets, allowing the supplier an opportunity to seize them later to satisfy the outstanding debt.