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Simple English definitions for legal terms
querela inofficiosi testamenti
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A quick definition of querela inofficiosi testamenti:
Querela inofficiosi testamenti: A legal action in Roman law that allows a family member who has been unfairly disinherited or left out of a parent's will to challenge the will and have it declared invalid. This action is based on the idea that a parent has a natural duty to provide for their children, and if they fail to do so, the will can be set aside.
A more thorough explanation:
Definition: Querela inofficiosi testamenti is a legal action in Roman law that allows a descendant, ascendant, or sibling who was unjustly disinherited or passed over by a parent's will to have the will set aside as undutifully made.
Example: If a father writes a will that disinherits his son without any valid reason, the son can file a querela inofficiosi testamenti to challenge the will and have it set aside. This legal action is only available to close relatives who have been unjustly disinherited or passed over by a parent's will.
This legal action was important in Roman law because it allowed close relatives to challenge a will that was made against natural duty and get it set aside, even if all the legal formalities were complied with.
querela coram rege a concilio discutienda et terminanda | querens