Legal Definitions - erciscundus

Erciscundus

This Latin term, primarily used in civil law, describes something that is to be divided. It refers to assets, property, or responsibilities that are jointly held by multiple parties and require a formal process of division or partition among them.

Here are some examples illustrating the application of erciscundus:

• Imagine two siblings who jointly own a large parcel of undeveloped land. Over time, they decide they each want to develop separate portions independently. The land, in this scenario, is erciscundus because it is a shared asset that needs to be formally partitioned or divided into distinct, individually owned plots.

• Consider a situation where three business partners decide to dissolve their company. The company possesses various assets, such as office equipment, intellectual property rights, and funds in a shared bank account. All these collective assets are erciscundus, meaning they must be divided and distributed among the former partners according to their partnership agreement or applicable legal principles.

• In a divorce proceeding within a jurisdiction that recognizes community property, a couple's shared assets—such as their family home, vehicles, and investment portfolios accumulated during the marriage—are considered erciscundus. These assets are subject to division between the spouses as part of the legal separation process, typically aiming for an equitable distribution.