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Legal Definitions - damnosa hereditas

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Definition of damnosa hereditas

damnosa hereditas

When someone inherits something that is more of a burden than a benefit, it is called damnosa hereditas. This term comes from Latin and means "an injurious inheritance".

  • A person inherits a house from their grandfather, but the house is in a state of disrepair and requires a lot of money to fix. The cost of repairs is more than the value of the house, making it a damnosa hereditas.
  • A business owner takes over a failing company, hoping to turn it around. However, the company has a lot of debt and is losing money every month. The business becomes a damnosa hereditas because it is more of a financial burden than a profitable venture.

These examples illustrate how damnosa hereditas can refer to any inheritance or acquisition that turns out to be more of a disadvantage than an advantage. It can be a financial burden that is difficult to overcome.

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Simple Definition

Term: damnosa hereditas

Definition: Damnosa hereditas means an inheritance that is more of a burden than a benefit. It is like receiving something that costs more than it is worth. In Roman and civil law, it refers to an inheritance that is burdened with debt. In English law, it is the property of a bankrupt debtor that creditors will not claim because the debt on the property is more than the revenues it generates. In general, it refers to anything that is acquired but turns out to be disadvantageous.

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