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LSDefine
Simple English definitions for legal terms
in suo ordine
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A quick definition of in suo ordine:
Term: in suo ordine
Definition: In suo ordine means "in his order" in Latin. It is a legal term used to describe the order in which people or entities can be held responsible for fulfilling an obligation. For example, a cautioner who guarantees an obligation can only be called upon to fulfill it after the principal creditor has been paid. Similarly, an heir can only be held responsible for the debts of their ancestor after the executor of the estate has been paid and the estate is found to be insufficient to cover the debts.
A more thorough explanation:
in suo ordine
In suo ordine means "in his order" in Latin. It refers to a legal principle where a person can only be held responsible for a debt or obligation after others who are higher in priority have been paid or fulfilled their obligations.
1. A cautioner who is entitled to the benefit of discussion can only be called upon, for fulfilment of the obligation which he guaranteed, in his order — that is, after the principal creditor has been discussed.
2. An heir can only be made liable for the moveable debts of his ancestor, after the executor who succeeded to the moveable estate has been discussed, and where the moveable estate has proved insufficient to meet those debts.
These examples illustrate the principle of in suo ordine. In the first example, a cautioner can only be held responsible for a debt after the principal creditor has been paid. In the second example, an heir can only be held responsible for a debt after the executor of the estate has been paid and the estate is still insufficient to cover the debt. This principle ensures that debts are paid in a fair and orderly manner.