''Cessio bonorum'' (Latin for a "surrender of goods"), in
Roman law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
, is a voluntary surrender of goods by a
debtor
A debtor or debitor is a legal entity (legal person) that owes a debt to another entity. The entity may be an individual, a firm, a government, a company or other legal person. The counterparty is called a creditor. When the counterpart of this ...
to his
creditor
A creditor or lender is a party (e.g., person, organization, company, or government) that has a claim on the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property ...
s. It did not amount to a discharge unless the property ceded was sufficient for the purpose, but it secured the debtor from personal arrest. The creditors sold the goods as partial restoration of their claims. The procedure of ''cessio bonorum'' avoided ''
infamia
In ancient Roman culture, ''infamia'' (''in-'', "not," and ''fama'', "reputation") was a loss of legal or social standing. As a technical term of Roman law, ''infamia'' was an official exclusion from the legal protections enjoyed by a Roman citi ...
'', and the debtor, though his after-acquired property might be proceeded against, could not be deprived of the bare necessaries of life. The main features of the Roman law of ''cessio bonorum'' were adopted in
medieval law
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire a ...
,
Scots law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland l ...
, and also in
French law
The Law of France refers to the legal system in the French Republic, which is a civil law legal system primarily based on legal codes and statutes, with case law also playing an important role. The most influential of the French legal codes is ...
.
References
Roman law
Debt
Medieval Scots law
Law of France
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