Legal Definitions - intromission

Intromission refers to the act of handling, dealing with, or possessing the funds, property, or affairs of another person. The specific meaning can vary depending on the legal context, particularly in Scots law.

Here are the primary ways the term "intromission" is used:

• General Business or Agency Context:

  In a general sense, intromission describes the actions of an individual, such as an employee or agent, who manages or transacts with funds or property provided by an employer or principal. It broadly means dealing with assets that belong to someone else, usually with their permission.

  • Example 1: A financial advisor manages a client's investment portfolio, making trades and handling transactions on their behalf. This management of the client's funds constitutes intromission.

    Explanation: The advisor is dealing with funds that belong to the client, acting as an agent in an authorized capacity.

  • Example 2: A property manager collects rent, pays maintenance bills, and oversees repairs for an apartment building owned by a landlord. These activities involve intromission with the landlord's property and funds.

    Explanation: The property manager is handling the financial affairs and physical property belonging to the landlord, typically under a contractual agreement.

• Scots Law Context:

  In Scots law, intromission specifically refers to handling or dealing with the affairs or property of another person, whether with or without legal authority. This context includes several distinct categories:

  • Legal Intromission:

    This occurs when someone lawfully handles the property or affairs of another, typically under a specific legal authorization or appointment.

    • Example 1: An executor appointed in a will takes control of a deceased person's assets, pays their debts, and distributes the remaining estate to the beneficiaries as directed. This is a form of legal intromission.

      Explanation: The executor has legal authority, granted by the will and confirmed by the court, to manage the deceased's property.

    • Example 2: A court-appointed guardian manages the financial assets and property of a minor child who inherited a substantial sum. The guardian's actions are considered legal intromission.

      Explanation: The guardian is legally authorized by the court to handle the minor's property for their benefit.

  • Necessary Intromission:

    This is a specific type of authorized intromission in Scots law, typically occurring when a surviving spouse continues to possess and preserve the goods or property of their deceased spouse. The purpose is usually to safeguard the assets until the estate can be formally administered.

    • Example 1: After her husband's sudden death, a widow continues to live in their shared home, pays the utility bills, and maintains the household furniture and car to prevent them from deteriorating or being stolen. These actions are considered necessary intromission.

      Explanation: The widow is preserving the deceased spouse's property out of necessity, not yet formally administering the estate but preventing loss or damage.

    • Example 2: A widower ensures his deceased wife's valuable antique collection, stored in their home, is properly insured and kept in a climate-controlled environment while awaiting the formal probate process. This protective handling is necessary intromission.

      Explanation: The widower is taking essential steps to preserve valuable assets belonging to the deceased spouse's estate.

  • Vitious Intromission (also spelled Vicious Intromission):

    This refers to the unauthorized and wrongful handling or dealing with the property of another person, especially the property of a deceased person. In Scots law, engaging in vitious intromission can have severe consequences, potentially making the person liable for all the deceased's debts, regardless of the value of the property they handled.

    • Example 1: Following a distant relative's death, a person enters their vacant home without permission, takes several valuable antique items, and sells them for personal profit before an executor has been appointed. This constitutes vitious intromission.

      Explanation: The person unlawfully dealt with the deceased's property without any legal authority, which could make them personally liable for the relative's debts.

    • Example 2: A neighbor, upon learning of an elderly friend's death, accesses the friend's bank account using information they had previously shared and withdraws a significant sum of money for themselves. This unauthorized act is a clear instance of vitious intromission.

      Explanation: The neighbor wrongfully took possession of the deceased's funds without any legal right, exposing them to severe legal penalties under Scots law.

• Biological/Sexual Context:

  In a distinct biological or sexual context, intromission refers specifically to penile penetration into the vagina.

  • Example 1: In a medical report documenting a sexual assault, the term intromission might be used to describe the act of penetration.

    Explanation: This usage is precise and clinical, referring directly to the physical act of penetration.

  • Example 2: A legal statute defining certain sexual offenses might use the term intromission to specify the act of penetration required to meet the definition of the crime.

    Explanation: Here, the term provides a clear and unambiguous description of a specific physical act within a legal definition.