Legal Definitions - jus abstinendi

Definition: Jus abstinendi (pronounced "yus ab-sti-nen-dee") is a legal term from Roman and civil law. It refers to the right of an heir to refuse or decline an inheritance, especially if it would involve taking on debt.

Example: Let's say that John's wealthy uncle passed away and left him a large estate. However, John discovers that the estate is heavily in debt and would require him to pay off those debts in order to inherit it. In this case, John has the right of jus abstinendi, which means he can choose to refuse the inheritance and avoid taking on the debt.

Explanation: This example illustrates how jus abstinendi works in practice. It shows that heirs have the right to decline an inheritance if it would be more of a burden than a benefit. This can be especially important if the inheritance comes with significant debts or obligations that the heir may not be able to handle.