The Law Dictionary

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IN RERUM NATURA Definition & Legal Meaning

Definition & Citations:

In the nature of things; in the realm of actuality; in existence.In a dilatory plea, an allegation that the plaintiff is not in rerum natura is equivalent toaverring that the person named is fictitious. 3 Bl. Comm. 301. In the civil law thephrase is applied to tilings. Inst . 2, 20, 7.Iu restitutionem, non in pcenam haires succedit. The heir succeeds to the restitution,not to the penalty. Au heir may be compelled to make restitution of a sum unlawfullyappropriated by the ancestor, but is uot answerable criminally, as for a penalty. 2 Inst. 198.In restitutionibus benignissima inter- pretatio facienda est. Co. Litt. 112. The mostbenignant interpretation is to be made In restitutions.In satisfactionibus non permittitur amplius fieri quam semel factum est. Illpayments, more must not be received than has been received once for all. 9 Coke, 53.


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