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Simple English definitions for legal terms
explicatio
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A quick definition of explicatio:
Explicatio: In civil law, explicatio is the fourth step in a legal action where the plaintiff responds to the defendant's rejoinder. It's like a conversation where one person responds to what the other person said. It's similar to the common-law surrejoinder.
A more thorough explanation:
Explicatio
In civil law, explicatio is the fourth pleading in a legal action. It is the plaintiff's response to the defendant's rejoinder.
For example, if a person sues another person for breach of contract, the defendant may file a rejoinder denying the allegations. The plaintiff can then file an explicatio, which is their response to the defendant's denial.
Another example is in a divorce case. If one spouse files for divorce and the other spouse responds with a denial of the allegations, the first spouse can file an explicatio to refute the denial and provide further evidence to support their case.
These examples illustrate how explicatio is used in civil law as a formal pleading in response to the defendant's rejoinder.