Legal Definitions - decern

In Scots law, to decern means for a court to issue a formal, final judgment or decree. This action signifies that the court has made a definitive decision on a matter, which can then be enforced.

• Example 1: Financial Compensation

  A construction company in Scotland sues a subcontractor for failing to complete work on time, leading to significant financial penalties for the main contractor. After hearing all the evidence and arguments, the court finds the subcontractor liable for the delays and orders them to pay a specific amount in damages to the construction company. The court would then decern the subcontractor to pay the compensation.

  Explanation: In this scenario, "decern" signifies the court's conclusive and enforceable decision that the subcontractor is legally obligated to pay the specified sum, making the judgment final.

• Example 2: Child Custody Arrangement

  Following a separation, parents in Scotland are unable to agree on a shared care arrangement for their children. They bring the matter before the court, which, after considering the children's best interests and all presented evidence, issues a specific order detailing the custody schedule and parental responsibilities. The court would decern the agreed-upon or court-mandated child custody arrangement.

  Explanation: Here, "decern" indicates the court's final and binding legal declaration regarding the children's living arrangements, which then becomes a legally enforceable order for both parents.

• Example 3: Property Ownership Dispute

  Two siblings in Scotland inherit a family home, but a dispute arises over their respective shares of ownership and whether the property should be sold. They seek a court ruling to resolve the disagreement. After reviewing the will and relevant property law, the court determines the precise ownership percentages and orders the property to be sold, with proceeds distributed accordingly. The court would decern the ownership shares and the sale of the property.

  Explanation: This illustrates "decern" as the court's final and authoritative pronouncement on the legal ownership and disposition of the property, which then becomes legally binding and must be acted upon by the siblings.