exceptio spolii

Latin

Etymology

Literally, “exception of spoil”. Derived from the False Decretals of Pseudo-Isidore (9th century); originally applied to bishops who had been deprived of property by the secular government, but subsequently generalised.

Noun

exceptiō spoliī f (genitive exceptiōnis spoliī); third declension

1. (Medieval Latin, law) The legal doctrine that anyone who has been deprived of their property must have their property restored to them before their dispossessor can validly bring a charge against them.
   • 1542 March 2, Court of Session, Douglas against Boig:

     exceptio spolii prioris, super eadem re, non repellit actorem de spolio agentem

     a previous exception of spoil on the same matter does not prevent the plaintiff from undertaking an action of spoil

Related terms

• actiō spoliī