Legal Definitions - periculo petentis

Periculo petentis

Periculo petentis is a Latin term that means "at the risk of the person seeking." In history, if a private person insisted on a judicial warrant that was wrongfully issued, they were liable for damages. For example, if a creditor sought a warrant to apprehend their debtor, and it was found to be illegal, the creditor would be responsible for any damages caused by the warrant.

Imagine a situation where a landlord wants to evict a tenant who has not paid rent. The landlord goes to court and obtains a warrant to evict the tenant. However, it is later discovered that the warrant was issued illegally. In this case, the landlord would be responsible for any damages caused by the eviction, as they obtained the warrant periculo petentis.