beneficium competentiae

noun

beneficium com·​pe·​ten·​ti·​ae

-ˌkäm-pə-ˈten-tē-ˌī,

-ˈten-chē-ˌē

1

Roman law : the right of a defendant debtor bearing to plaintiff a special relationship (such as that of ascendant, patron, husband, former partner, or one who has promised but not delivered a gift or dowry) to a judgment that will not deprive the debtor of the means of existence

2

a

civil law : the right of a gratuitous grantor to reserve if indigent a competency to himself or herself out of the subject of his grant

b

Scots law : this right extended to fathers and grandfathers with respect to provisions granted to their children

Word History

Etymology

Medieval Latin, right to a competency

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