Simple English definitions for legal terms
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Term: ONERIS FERENDI
Definition: Oneris ferendi is a Latin term used in Roman law that means "bearing a weight or burden." It refers to the responsibility of carrying a heavy load or obligation. For example, servitus oneris ferendi refers to the burden of maintaining a shared wall between two properties. The principle of jus oneris ferendi means that the person who benefits from a particular right or privilege also has the responsibility of bearing the associated burden. The phrase paries oneri ferendo, uti nunc est, ita sit means that the wall should continue to bear the same weight as it currently does.
Definition: Oneris ferendi (on-uh-ris fuh-ren-dee) is a Latin term used in Roman law that refers to the act of bearing a weight or burden.
For example, servitus oneris ferendi refers to the legal right to have a burden or weight placed on someone else's property. This could include the right to have a fence or wall built on someone else's land, or the right to have a pipeline or power line run through someone else's property.
Another example is jus oneris ferendi, which refers to the legal right to bear a burden or weight. This could include the right to carry a heavy load or to be responsible for a particular task or duty.
Paries oneri ferendo, uti nunc est, ita sit is a Latin phrase that means "let the wall bear the burden as it is now." This phrase is often used in construction contracts to indicate that the builder is responsible for any weight or burden placed on the wall during construction.
These examples illustrate the concept of oneris ferendi, which is the legal idea of bearing a weight or burden. Whether it is the right to place a burden on someone else's property or the responsibility to bear a particular burden, oneris ferendi is an important concept in Roman law.