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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - incrementum
Definition of incrementum
Incrementum is a historical Latin term that signifies an increase or growth. In historical legal contexts, it referred to an addition, augmentation, or expansion, often in relation to property, value, or legal obligations.
Here are a few examples illustrating the historical application of incrementum:
Imagine a medieval land dispute where a landowner's property along a riverbank gradually expanded over decades due to natural deposits of soil (a process known as alluvion). This natural expansion of the land's area would be considered an incrementum to the original property. The legal system at the time might have had to determine if this increase in land belonged to the original owner or if it altered boundaries with neighboring properties, demonstrating how an "increase" in physical property could have legal implications.
Consider a historical legal judgment for a debt where the initial principal amount was established. If the debtor failed to pay on time, the court might have ordered the addition of accrued interest or penalties to the original sum. This accumulation of interest and penalties, which grew the total amount owed beyond the principal, would represent an incrementum to the original debt, reflecting an "increase" in the financial obligation.
In a historical context involving a legal claim for damages, a court might initially award a specific sum to a plaintiff. However, if the enforcement of this judgment was significantly delayed, the court could later decide to add an extra amount to the original award to compensate the plaintiff for the time value of money or additional losses incurred during the delay. This additional compensation, which augmented the initial award, would be an incrementum, signifying an "increase" in the total amount of restitution.
Simple Definition
Incrementum is a historical Latin term meaning "increase." In legal contexts, it was primarily used in phrases like "costs de incremento," which referred to "costs of increase."