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MIAMI A
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Simple English definitions for legal terms
missio in possessionem
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A quick definition of missio in possessionem:
Term: MISSIO IN POSSESSIONEM
Definition: Missio in possessionem is a legal term from Roman law. It refers to a grant made by a praetor to a creditor, which allows them to take possession of the debtor's entire estate as a way of enforcing a judgment. Essentially, it means that the creditor can take everything the debtor owns in order to satisfy the debt they owe.
A more thorough explanation:
MISSIO IN POSSESSIONEM
Missio in possessionem is a Latin term used in Roman law. It refers to a grant made by a praetor to a creditor of the debtor's entire estate as a form of execution of judgment.
For example, if a debtor owes money to a creditor and fails to pay, the creditor can seek a judgment against the debtor. If the judgment is granted, the praetor may issue a missio in possessionem, which allows the creditor to take possession of the debtor's entire estate to satisfy the debt.
Another example would be if a landlord wins a judgment against a tenant for unpaid rent. The landlord could seek a missio in possessionem to take possession of the tenant's personal property to satisfy the debt.
Missio in possessionem is a legal tool used to enforce judgments in Roman law. It allows a creditor to take possession of a debtor's property to satisfy a debt. The examples illustrate how this tool can be used in different situations, such as unpaid debts or rent.