Legal Definitions - ei abest

Ei abest is a Latin phrase originating from Roman law that translates to "it is wanting to him" or "it is absent from him." This term describes a situation where a person experiences a reduction, loss, or diminution in their assets, property, or entitlements. It signifies that something valuable they possessed or were entitled to is no longer fully present or has decreased in value.

• Example 1: Business Inventory Loss

  Imagine a small electronics store owner who discovers that a large shipment of high-value smartphones, which had just arrived and was awaiting sale, was stolen from their warehouse overnight. The owner's inventory, a significant asset, is now substantially reduced.

  This scenario illustrates ei abest because the store owner's assets (the smartphones) are "wanting" or "absent" due to the theft, directly diminishing their overall wealth and potential revenue.

• Example 2: Property Value Decline

  Consider a homeowner whose property is located near a newly constructed industrial plant that emits noticeable odors and noise. As a result, the market value of their home, along with other properties in the immediate vicinity, significantly decreases.

  Here, ei abest applies because the homeowner's primary asset (their house) has suffered a diminution in its financial value, even though the physical structure remains. What was once a higher market value is now "wanting."

• Example 3: Loss of Expected Inheritance

  A person was verbally promised a substantial inheritance by a wealthy relative for many years, leading them to plan their future based on this expectation. However, upon the relative's death, it is discovered that the relative died without a valid will, and local laws dictate that the estate must be distributed to other, more distant relatives.

  This situation demonstrates ei abest because the expected inheritance, which the person believed they were entitled to, is now "absent." The asset they anticipated receiving is "wanting" due to the legal circumstances.