Legal Definitions - distringere

Distringere refers to the act of compelling someone to fulfill a legal obligation, often by seizing their property or assets until they comply. It is a method of legal coercion used to enforce compliance with a court order, a debt, or another legal duty.

• Example 1: A commercial tenant falls significantly behind on rent payments. Under specific legal provisions, the landlord obtains an order to seize certain non-essential equipment belonging to the tenant that is located on the leased premises. The landlord holds this equipment until the overdue rent is paid.

  Explanation: This action by the landlord is an instance of distringere. By seizing the tenant's property, the landlord aims to compel the tenant to pay the outstanding rent, thereby fulfilling their contractual obligation.

• Example 2: A court issues a judgment against a company, ordering them to pay damages to a plaintiff. The company, however, refuses to comply with the judgment. The court then authorizes the sheriff to seize funds from the company's bank accounts or other valuable assets to satisfy the judgment.

  Explanation: The court's authorization and subsequent seizure of the company's assets represent distringere. This action is designed to coerce the company into complying with the court's judgment by directly taking assets to fulfill the financial obligation.

• Example 3: A local municipality has repeatedly sent notices to a property owner regarding unpaid property taxes. After all other collection efforts fail, the municipality places a lien on the property and eventually initiates proceedings to seize and auction the property to recover the delinquent taxes.

  Explanation: The municipality's process of seizing and selling the property to recover unpaid taxes is an application of distringere. It serves to compel the property owner to meet their tax obligations, even if it ultimately results in the loss of the asset to satisfy the debt.