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Simple English definitions for legal terms
missio in bona
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A quick definition of missio in bona:
Term: MISSIO IN BONA
Definition: Missio in bona is a legal term from Roman law. It refers to a grant given by a praetor to a creditor. This grant allows the creditor to take individual items of the debtor's property that are already in their possession. It can also refer to a grant that allows the creditor to take the debtor's entire estate as a form of judgment execution.
A more thorough explanation:
Definition: Missio in bona is a term used in Roman law. It refers to a praetor's grant to a creditor of individual items of the judgment debtor's property already in the creditor's possession or a grant to a creditor in possession of the debtor's whole estate, as a form of execution of judgment.
Example 1: A creditor has a judgment against a debtor for a sum of money. The creditor has possession of the debtor's car. The praetor grants the creditor missio in bona, allowing the creditor to keep the car as payment for the debt.
Example 2: A creditor has a judgment against a debtor for a sum of money. The creditor has possession of all the debtor's property. The praetor grants the creditor missio in bona, allowing the creditor to keep all the debtor's property as payment for the debt.
These examples illustrate how missio in bona works in Roman law. It allows a creditor to take possession of a debtor's property as payment for a debt owed. The praetor grants this right to the creditor as a form of execution of judgment.