Brevia amicabilia is a legal term that refers to writs obtained with the consent of the opposing party. Essentially, it describes a situation where both parties in a legal action agree on the issuance of a writ, which is a formal order issued by a court. This type of writ is often referred to as an amicable writ, highlighting the cooperative nature of the agreement.
This term is commonly used in civil law contexts, particularly in cases where parties seek to resolve disputes amicably. Brevia amicabilia can be relevant in various legal areas, including contract disputes and family law matters, where mutual consent is crucial. Users may find templates for amicable writs on platforms like US Legal Forms, which provide resources to help individuals manage these legal processes effectively.
Here are a couple of examples of abatement:
Example 1: Two business partners may decide to dissolve their partnership amicably. They can file a brevia amicabilia to formally document their agreement to split assets without further disputes.
Example 2: In a family law case, parents may agree on custody arrangements and file a brevia amicabilia to ensure the court recognizes their mutual agreement. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Variations in Use |
|---|---|
| California | Commonly used in family law cases for custody agreements. |
| New York | Often utilized in business disputes for amicable resolutions. |
| Texas | Less frequently used; alternative dispute resolution methods are preferred. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Amicable Writ | A writ issued with mutual consent. | Similar to brevia amicabilia; often used interchangeably. |
| Contested Writ | A writ issued without the consent of the opposing party. | Involves disputes and may require court intervention. |
If you find yourself in a situation where a brevia amicabilia is relevant, consider the following steps:
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A brevia amicabilia is a writ issued with the agreement of both parties involved in a legal action.