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Legal Definitions - sors

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Definition of sors

The term "sors" has several historical and legal meanings, primarily originating from Roman and Scots law:

  • 1. In Roman Law: A Lot or Chance

    In ancient Roman legal contexts, "sors" referred to an outcome determined by drawing lots or by chance, often used to resolve disputes or make decisions when other methods were impractical or undesirable.

    • Example: Imagine two Roman citizens had an unresolved dispute over the ownership of a small plot of land, and rather than engaging in a lengthy trial, they agreed to settle the matter by drawing straws. The outcome of this draw, which determined who would receive the land, would be considered the "sors."

      Explanation: This illustrates "sors" as a decision or outcome arrived at through a random process, reflecting its meaning as a "lot" or "chance" in Roman legal tradition.

  • 2. In Scots Law: A Partnership's Capital

    Under historical Scots law, "sors" specifically denoted the capital or initial investment contributed by partners to establish and operate a business or venture.

    • Example: Two merchants in 18th-century Edinburgh decided to form a partnership to fund a trading voyage to the West Indies. Each merchant contributed a significant sum of money, along with goods and a share of a ship, as their initial investment into the joint enterprise. The combined total of these contributions, forming the foundational assets of their business, would be referred to as the "sors" of their partnership.

      Explanation: Here, "sors" represents the collective financial and asset contributions that partners pool together to form the basis of their shared business venture under Scots law.

  • 3. Historically: Principal Amount (as distinguished from interest)

    In historical financial and legal contexts, "sors" referred to the original sum of money lent or owed, separate from any additional charges like interest that might accrue over time.

    • Example: A medieval charter records a loan made by a wealthy landowner to a local farmer. The document states that the farmer borrowed 50 silver coins, with an agreement to repay the 50 coins plus an additional 5 coins as a fee for the use of the money. In this arrangement, the original 50 silver coins constituted the "sors," or the principal amount of the debt.

      Explanation: This example highlights "sors" as the core, initial sum of a loan or debt, clearly distinguishing it from any interest or additional charges that might be added.

Simple Definition

Sors is a Latin term with several historical legal meanings. In Roman law, it referred to a lot or chance. Historically, and particularly in Scots law, it could denote a partnership's capital, or distinguish the principal amount of a debt from its interest, or the main recovery in a legal action from mere costs.