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Simple English definitions for legal terms
squalor carceris
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A quick definition of squalor carceris:
Term: SQUALOR CARCERIS
Definition: Squalor carceris is a legal term used in Scots law that refers to the strictness of imprisonment that a creditor can enforce on a debtor to make them pay their debt or reveal any hidden funds. It does not mean that the imprisonment is unhealthy or unpleasant, as it did in the past. Squalor carceris is not necessary for imprisonment on meditatio fugae warrant, where only security is required.
A more thorough explanation:
Definition: Squalor carceris is a Latin term used in Scots law to refer to the strictness of imprisonment that a creditor can enforce on a debtor to compel them to pay their debt or reveal any hidden funds. It does not imply any unhealthiness or unpleasantness in the imprisonment itself, as it did in ancient times when the term was first used by churchmen.
Example: If a person owes money to a creditor and refuses to pay, the creditor can seek a court order to have the debtor imprisoned until they pay the debt or reveal any hidden assets. This imprisonment is known as squalor carceris.
Explanation: The example illustrates how squalor carceris is used in Scots law to enforce payment of debts. It shows that the imprisonment is not meant to be cruel or inhumane, but rather a means of compelling the debtor to fulfill their obligations.