Legal Definitions - contra hereditatem jacentem

Definition: Contra hereditatem jacentem (pronounced kon-truh huh-red-i-tay-tuhm juh-sen-tuhm) is a Latin legal term that means "against a fallen inheritance." It refers to a situation where a creditor has the right to go after a debtor's estate to recover a debt, even if the heir has not taken up the inheritance.

Example: Let's say that John owes a debt to a creditor, but he passes away before he can pay it off. John's son, who is his legal heir, decides not to take up the inheritance because he knows that his father's estate is not worth much. However, the creditor can still pursue John's estate to recover the debt, even though the heir has not taken up the inheritance. This is an example of contra hereditatem jacentem.

This legal concept is important because it allows creditors to recover debts even if the debtor's estate is not worth much or if the heir decides not to take up the inheritance. It ensures that creditors are not left empty-handed and that debts are paid off as much as possible.