Legal Definitions - entencion

Entencion is a historical legal term that refers to the initial formal statement made by a plaintiff (the person bringing a lawsuit) to a court. It was essentially the plaintiff's 'count' or 'declaration,' outlining their specific claims, the facts supporting those claims, and the legal basis upon which they sought a remedy or judgment from the court. In modern legal systems, this function is served by documents like a complaint or a statement of claim.

• Example 1: Property Dispute

  Imagine a scenario in 16th-century England where a farmer, John, believed his neighbor, Thomas, had illegally diverted a stream that traditionally flowed through John's land, causing his crops to wither. To initiate legal action, John's legal representative would present an entencion to the local manor court.

  This entencion would formally declare the alleged diversion, detail the specific harm caused to John's crops, and state the relief John sought, such as the restoration of the stream's original course and compensation for lost harvest. This formal document served as the initial "declaration" of John's grievance and claim, initiating the legal process, which is precisely what an entencion represented.

• Example 2: Unpaid Debt

  Consider a situation in a medieval trading town where a baker, Master William, had supplied a large quantity of bread to a local tavern owner, Mistress Elara, on credit. When Mistress Elara failed to pay the agreed-upon sum by the due date, Master William decided to pursue legal recourse.

  Master William would submit an entencion to the borough court. This document would clearly state the amount of the debt, the goods supplied, the date of the transaction, and Mistress Elara's failure to pay, thereby formally initiating his claim for recovery. Here, the entencion functioned as the baker's formal "count" or statement of claim, laying out the facts of the unpaid debt and the legal action he wished to pursue.

• Example 3: Breach of Contract for Services

  In 13th-century France, a nobleman, Lord Antoine, hired a skilled stonemason, Pierre, to construct a new wing for his castle. After receiving an initial payment, Pierre abandoned the project halfway through, leaving the work incomplete and structurally unsound. Lord Antoine sought legal redress.

  Lord Antoine's legal representative would present an entencion to the seigneurial court. This document would formally declare the agreement made with Pierre, detail the incomplete and faulty work, specify the financial losses incurred by Lord Antoine due to the breach, and demand compensation or the completion of the work. This document served as Lord Antoine's formal "declaration" of his claim against Pierre, setting forth his legal argument and the basis for his entitlement, thereby fulfilling the role of an entencion.