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Simple English definitions for legal terms
exceptio
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A quick definition of exceptio:
Term: EXCEPTIO
Definition: Exceptio is a legal term that refers to a defense or objection raised by a defendant in response to a claim made by the plaintiff. It can be used in various legal contexts, including Roman and civil law. The exceptio can admit the claim in principle but allege facts or legal provisions that negate it in this instance. It can also be a defense to a claim that is justly brought but that unjustly accuses the particular defendant named. There are different types of exceptio, such as exceptio dilatoria, exceptio doli mali, exceptio dominii, exceptio dotis cautae non numeratae, exceptio in factum, exceptio in personam, exceptio in rem, exceptio jurisjurandi, exceptio metus, exceptio non adimpleti contractus, exceptio non numeratae pecuniae, exceptio non solutae pecuniae, exceptio pacti conventi, exceptio pecuniae non numeratae, exceptio peremptoria, exceptio plurium concubentium, exceptio rei judicatae, exceptio rei venditae et traditae, exceptio senatusconsulti Macedoniani, exceptio senatusconsulti Velleiani, and exceptio temporis.
A more thorough explanation:
Definition: Exceptio (ek-sep-shee-oh) is a Latin term that refers to an exception, plea, or objection. In Roman and civil law, it is a defendant's plea admitting the claim in principle but alleging facts or legal provisions that negate it in this instance. It is also a defense to a claim that is justly brought but that unjustly accuses the particular defendant named.
Examples:
- Exceptio dilatoria: A dilatory exception that defeated the action for a time and created a delay, such as an agreement not to sue within a certain time.
- Exceptio doli mali: An exception, defense, or plea of fraud.
- Exceptio dominii: A claim of ownership by the defendant in an action to recover property.
For example, if someone sues another person for property that they claim to own, the defendant can use exceptio dominii as a defense, claiming that they are the rightful owner of the property in question.
Explanation: Exceptio is a legal term that refers to various types of defenses or objections that a defendant can use in a lawsuit. These defenses can be based on different legal principles, such as fraud, ownership, or the expiration of the time limit for bringing a particular action. The examples provided illustrate some of the different types of exceptio that can be used in legal proceedings.