Legal Definitions - del bien estre

del bien estre

"Del bien estre" is a historical legal term originating from Law French, which literally translates to "of well-being" or "for the good." In legal contexts, it referred to actions or proceedings undertaken provisionally or conditionally to safeguard the interests, preserve evidence, or ensure the future benefit and security of a party involved in a legal dispute. It signifies a measure taken to prevent potential harm or loss, ensuring a favorable state for a party or the case itself.

• Example 1: Preserving Witness Testimony

  Imagine a crucial witness in a complex civil lawsuit is elderly and in declining health, making it uncertain if they will be able to testify at the scheduled trial date many months away. To ensure their vital evidence is not lost, a court might order that the witness's deposition (recorded testimony) be taken "del bien estre." This means the testimony is recorded provisionally, before the trial, specifically for the "well-being" of the case. If the witness later becomes unable to appear in court, this recorded statement can be used, thereby preserving essential evidence and preventing a significant disadvantage to one of the parties.

• Example 2: Securing Assets in a Dispute

  Consider a situation during a contentious business dissolution where one partner fears the other might attempt to liquidate or hide significant company assets before a final financial settlement can be reached. To protect the interests of the concerned partner and the business itself, a judge could issue a temporary injunction "del bien estre" to freeze certain bank accounts or prevent the sale of specific properties. This provisional measure is taken for the "well-being" of the company's assets and the partner's financial security, ensuring that funds and property remain available for an equitable division once the final judgment is rendered.

• Example 3: Provisional Child Custody

  In an emergency family situation where a child's immediate safety is at risk due to alleged parental neglect, but a full investigation and formal hearing will take several weeks. A court might issue a temporary protective order "del bien estre," placing the child in the provisional care of a trusted relative or social services. This immediate action is taken for the "well-being" and safety of the child, ensuring their protection and stability while the legal system conducts a thorough review to determine a more permanent custody arrangement.