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Scottish National Dictionary (1700–)

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About this entry:
First published 1974 (SND Vol. IX).
This entry has not been updated since then but may contain minor corrections and revisions.

VERGENS AD INOPIAM, n.phr. Sc. Law: in the state preceding bankruptcy, ‘approaching insolvency, a condition with many important legal consequences' (Sc. 1829 P. Halkerston Tech. Terms 42, 1946 A. D. Gibb Legal Terms 92). [′vɛrdʒəns ɑd ɪn′ɔpiəm]Sc. 1711 Morison Decisions 12908:
The Father was vergens ad inopiam by granting a bond of provision to his younger children.
Sc. 1773 J. Erskine Institute II. xi. § 8:
They [inhibitions] are not allowed, unless it appear that the debtor is vergens ad inopiam.
Sc. 1838 W. Bell Dict. Law Scot. 1026:
When a man is clearly vergens ad inopiam, his creditors may legally resort to various measures calculated to secure their claims, which would be otherwise regarded as inadmissible or nimious.
Sc. 1927 Encycl. Law Scot. II. 96:
Thus if a debtor in a debt not yet due be insolvent, or even if only in that suspect condition described as vergens ad inopiam, his creditor is entitled to the exceptional remedy of diligence in security, by way of arrestment, inhibition, or adjudication, or sequestration for rent.

[Lat. “on the verge of insolvency”.]

Vergens Ad Inopiam n. phr.

28669

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