civil law. The relinquishment which a debtor made
of his property for the benefit of his creditors.
2. This exempted the debtor from imprisonment, not, however, without leaving
an ignominious stain on his reputation. Dig. 2, 4, 25; Id. 48, 19, 1; Nov.
4, c. 3, and Nov. 135. By the latter Novel, an honest unfortunate debtor
might be discharged, by simply affirming that he was insolvent, without
having recourse to the benefit of cession. By the cession the creditors
acquired title to all the property of the insolvent debtor.
3. The cession discharged the debtor only to the extent of the property
ceded, and he remained responsible for the difference. Dom. Lois Civ. liv.
4, tit. 5., s. 1, n. 2. Vide, for the law of Louisiana, Code, art. 2166,
et seq. 2 M. R. 112; 2 L. R. 354; 11 L. R. 531; 5 N. S. 299; 2 L. R. 39;
2 N. S. 108; 3 M. R. 232; 4 Wheat. 122; and Abandonment.
Source: Bouviers Law Dictionary 1856 Edition
|A B C D E F G H I J K L M N O P Q R S T U V W X Y Z|