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Simple English definitions for legal terms
nominatio auctoris
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A quick definition of nominatio auctoris:
Term: NOMINATIO AUCTORIS
Definition: Nominatio auctoris is a Latin term that means "naming of the originator (or seller)". It has two meanings. Firstly, in a legal case where someone is trying to recover something, like a house, the person being sued can claim that the property actually belongs to someone else. This means that the true owner has to defend the case. Secondly, in Roman law, if someone claims ownership of something, the person being sued can name the seller, who then has to help defend the case. This is also called laudare auctorem.
A more thorough explanation:
Nominatio auctoris is a Latin term that means "naming of the originator (or seller)". It has two meanings:
- In a legal action to recover something, like real estate, the defendant can claim that the property actually belongs to someone else. The true owner then has to defend the action.
- In Roman law, if someone claims ownership of an item, the defendant can name the seller, who then has to help defend the claim against the plaintiff.
Example 1: John sues Jane to recover a piece of land that he claims belongs to him. Jane pleads nominatio auctoris and says that the land actually belongs to her father. John then has to prove that he is the rightful owner of the land, and Jane's father may have to testify in court to support her claim.
Example 2: Marcus claims that a valuable vase belongs to him, but Lucius says that he bought it from a reputable dealer. Marcus then uses nominatio auctoris and demands that the dealer be brought to court to testify about the vase's ownership history.
These examples illustrate how nominatio auctoris can be used in legal disputes to shift the burden of proof or to involve other parties in the defense of a claim.