Legal Definitions - brevia amicabilia

Brevia amicabilia refers to legal documents or actions that are initiated and carried out by mutual consent and agreement between parties, rather than through a contested or adversarial court process. It signifies a cooperative approach where individuals or entities voluntarily agree to a specific legal outcome or procedure, often to resolve a dispute efficiently and amicably, thereby avoiding the need for a judge to make a binding decision.

Here are some examples to illustrate this concept:

• Imagine two business partners who decide to dissolve their company. Instead of engaging in a lengthy and costly court battle over the division of assets and liabilities, they work together with their respective attorneys to draft a comprehensive dissolution agreement. This agreement meticulously outlines how company assets will be distributed, debts will be settled, and client relationships will be transitioned. Both partners review and willingly sign this document, agreeing to its terms.

  This scenario exemplifies brevia amicabilia because the partners are using a formal legal document (the dissolution agreement) to resolve a potentially contentious legal situation through mutual consent and cooperation, thereby avoiding litigation.

• Consider two neighbors who have a long-standing dispute over the exact boundary line between their properties. Rather than filing lawsuits against each other, they agree to jointly hire a professional land surveyor. They split the cost and, once the survey is complete and the true boundary is established, they sign a formal boundary agreement. This agreement legally records the agreed-upon property line and is filed with the local land records office.

  This illustrates brevia amicabilia because the parties are voluntarily agreeing to a process and an outcome to resolve their legal issue (the boundary dispute) without involving a court. The signed boundary agreement serves as the legal document reflecting their amicable resolution.

• In the context of an estate, suppose a family inherits property and assets from a deceased relative. While the will is generally clear, there are minor ambiguities regarding the distribution of a few specific items. Instead of individual beneficiaries challenging the will in probate court, all heirs meet and agree on a fair and equitable distribution plan for these ambiguous items. They then formalize this understanding in a family settlement agreement, which all beneficiaries sign, and present it to the probate court for approval.

  This demonstrates brevia amicabilia because the beneficiaries are using a legal document (the family settlement agreement) to amicably resolve potential disputes in the estate's distribution, achieving a resolution through mutual agreement rather than a court battle.