nounthird declension
exceptiō spoliī
exceptiō spoliī f (genitive exceptiōnis spoliī)
Meaning
- Medieval LatinThe 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.
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 spoil1542 March 2, Court of Session, Douglas against Boig:
Origins
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.