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Simple English definitions for legal terms
bonorum possessio contra tabulas
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A quick definition of bonorum possessio contra tabulas:
Bonorum possessio contra tabulas is a Latin term that means "possession of goods contrary to the terms of the will" in Roman law. It refers to an order that allows someone to take possession of an estate even if the will says otherwise. This can happen if the testator left out a daughter or an emancipated son who was not expressly disinherited. The legacies in the will still apply, but if the testator left out any male in their power, the will becomes invalid and intestacy results. The Praetor, a Roman magistrate, could not change the validity of a will, but they could give bonorum possessio to someone, whether they were the heres (heir) or not, which gave them the power to take possession of the goods by appropriate steps.
A more thorough explanation:
Definition: Bonorum possessio contra tabulas is a Latin term that means "possession of goods contrary to the terms of the will" in Roman law. It refers to an order that allows someone to take possession of an estate that goes against the wishes of the testator in their will.
For example, if a testator passed over their daughter or an emancipated son who was not expressly disinherited, a magistrate could make an order for bonorum possessio contra tabulas. This would allow the applicant to take possession of the estate, even though it went against the terms of the will.
It's important to note that the legacies in the will would still be valid, but if the testator passed over any male in their power (patria potestas), the will would be invalidated, and intestacy would result.
Overall, bonorum possessio contra tabulas was a way for magistrates to ensure that the wishes of the testator were respected, even if they didn't follow the traditional rules of inheritance.