Simple English definitions for legal terms
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Contra Tabulas: A Latin term used in Roman law that means "possession of goods contrary to the terms of the will." It refers to an order that allows someone to take possession of an estate even if it goes against the wishes of the deceased person as stated in their will. This order was given by magistrates in certain cases, such as when a daughter or an emancipated son was passed over in the will. The legacies in the will remained valid, but if any male in the testator's power was passed over, the will was invalidated and intestacy resulted.
Definition: Contra tabulas is a Latin term that means "possession of goods contrary to the terms of the will." 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.
In Roman law, magistrates could make such orders in certain cases, such as when a testator excluded a daughter or an emancipated son who was not expressly disinherited. The legacies in the will remained valid, but if the testator passed over any male in their power (patria potestas), the will was invalidated, and intestacy resulted.
For example, if a father wrote a will leaving all his property to his sons but excluded his daughter, the daughter could apply for bonorum possessio contra tabulas to take possession of her share of the estate.
The Praetor could not affect the civil validity of a will, but they could give bonorum possessio to a person, heres or not at civil law, which gave them the power to take possession of the goods by appropriate steps, bonorum possessio contra tabulas.
Overall, contra tabulas was a legal mechanism that allowed individuals to challenge the terms of a will and claim their rightful share of an estate.