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DE DEBITORE IN PARTES SECANDO Definition & Legal Meaning

Definition & Citations:

In Roman law. “Of cutting a debtor In pieces.” This was the name of a law contained In the Twelve Tables, the meaning of which has occasioned much controversy. Some commentators have concluded that it was literally the privilege of the creditors of an insolvent debtor (all other means failing) to cut his body into pieces and distribute it among them. Others contend that the language of this law must be taken figuratively, denoting a cutting up and apportionment of the debtor’s estate. The latter view has been adopted by Montesquieu, Bynkershoek, Ileineceius. anil Taylor. (Esprit des Lois, liv. 29, c. 2; Bynk. Obs. Jur. Rom. 1. 1, c. 1; Heinecc. Ant Rom. lib. 3, tit. 30,


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