Legal Definitions - abatamentum

ABATAMENTUM

Abatamentum is a legal term that refers to the act of thrusting oneself tortiously into real estate after the owner dies and before the legal heir enters. It is also known as abatement.

Abatement can also refer to:

1. The act of eliminating or nullifying something, such as a nuisance or a writ.
2. The suspension or defeat of a pending legal action for a reason unrelated to the merits of the claim.
3. The act of lessening or moderating something, such as a debt.
4. The reduction of a legacy as a result of the estate's being insufficient to pay all debts and legacies.

• Example 1: John died and left his property to his son, but before his son could take possession, his neighbor moved in and claimed the property as his own. This is an example of abatamentum.
• Example 2: The court granted the abatement of the lawsuit due to a procedural error, not because of the merits of the case.
• Example 3: The abatement of the debt reduced the amount owed by the debtor.
• Example 4: The abatement of legacies resulted from the estate's insolvency.

These examples illustrate the different meanings of abatement in legal contexts. In the first example, abatamentum refers to the illegal act of taking possession of someone else's property. In the other examples, abatement refers to legal procedures that can suspend or reduce legal actions or debts.