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Simple English definitions for legal terms
cognitionis causa tantum
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A quick definition of cognitionis causa tantum:
COGNITIONIS CAUSA TANTUM: This is a Latin term used in Scots law. It means that when someone dies and owes money to someone else, the creditor can take legal action to find out how much money is owed from the deceased person's estate. This is done to make sure that the creditor gets paid what they are owed.
A more thorough explanation:
COGNITIONIS CAUSA TANTUM
COGNITIONIS CAUSA TANTUM is a Latin term used in Scots law. It means "for the purpose of ascertaining a debt against the estate". It refers to a creditor's action against a deceased debtor's estate to determine the amount of the debt.
For example, if a person dies and owes money to a creditor, the creditor can file a claim against the deceased person's estate to recover the debt. The creditor can only take legal action to determine the amount of the debt owed and cannot take any other legal action against the estate.
Another example is if a person dies and leaves behind a will, the executor of the will can file a COGNITIONIS CAUSA TANTUM action to determine the debts owed by the deceased person and pay them off using the assets of the estate.
COGNITIONIS CAUSA TANTUM is a legal term used in Scots law to describe a specific type of legal action taken by a creditor against a deceased debtor's estate. The purpose of this action is to determine the amount of the debt owed by the deceased person and to recover it from the assets of the estate. This legal action is limited to determining the amount of the debt owed and cannot be used for any other purpose.