单词 | pluris petitio |
释义 | pluris petition. Civil Law (chiefly Scots Law). The action of seeking for more judicially than is actually due. ΘΚΠ society > law > administration of justice > court proceedings or procedure > action of courts in claims or grievances > claim at law > [noun] > unjust claim > claiming more than is due pluris petitio1739 1739 Information for Creditors upon Estate Dunphail 3 This is a pluris petitio with a Witness, and so staringly gross, that the Colonel's Procurators seemed satisfied that the Decreet was erroneous. 1760 Ld. Kames Princ. Equity i. iv. 160 Where the pluris petitio is occasioned by an innocent error..it has long been the practice..to support the adjudication. 1838 W. Bell Dict. Law Scotl. (at cited word) Where an adjudication is led for a larger sum than what is actually due to the adjudging creditor, it is said to be a pluris petitio. 1902 Scotsman 3 Jan. 7/3 It is not, I am afraid, a mere matter of pluris petitio. For it brings up at once a difficulty which goes to the substance of the demand. 1990 R. Zimmermann Law of Obligations 765 Such were the harsh consequences of pluris petitio: the judge could condemn only into exactly the sum that the plaintiff had asked for; alternatively, he had to absolve the defendant. This entry has been updated (OED Third Edition, September 2006; most recently modified version published online March 2022). < n.1739 |
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