Legal Definitions - de computo

De computo is a historical legal term referring to a specific type of court order, known as a writ. This writ was issued by a court to compel a defendant to either provide a detailed financial accounting to a plaintiff or present a valid reason why such an accounting should not be required. Essentially, it was a tool to ensure transparency and accountability, particularly in situations where one party was entrusted with managing assets or funds belonging to another. While no longer in common use, it formed the foundation for later legal actions seeking financial accountability.

• Example 1: Business Partnership

  Imagine two business partners, Alice and Bob. Alice manages all the financial aspects of their joint venture, handling income, expenses, and investments. Bob, who is less involved in the day-to-day finances, begins to suspect that the business's profits are not being distributed fairly or that funds are being mismanaged. Historically, Bob could have sought a de computo writ from a court. This writ would have ordered Alice to produce a comprehensive accounting of all business transactions and financial records, or to explain to the court why she should not be required to do so.

• Example 2: Estate Management

  Consider a scenario where a wealthy individual, Mr. Chen, passed away, leaving his estate to his children. He appointed his nephew, David, as the executor and trustee of the estate, responsible for managing its assets and distributing them according to Mr. Chen's will. After several years, the children notice discrepancies in the reported value of the estate and suspect David might not be managing the funds properly. In a historical legal system, the children could have petitioned for a de computo writ, compelling David to provide a full accounting of all estate assets, income, expenditures, and distributions, or to justify why he should be exempt from providing such a detailed report.

• Example 3: Agent and Principal

  Suppose a landowner, Ms. Evans, hired an agent, Mr. Frank, to manage her rental properties, collect rent, pay maintenance costs, and handle all related financial transactions. After a period, Ms. Evans becomes concerned about the financial reports she's receiving from Mr. Frank, which seem incomplete or inconsistent. Historically, Ms. Evans could have obtained a de computo writ. This legal order would have required Mr. Frank to provide a thorough accounting of all rents collected, expenses paid, and any other financial activities related to the properties, or to present a compelling argument to the court as to why he should not be compelled to do so.