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Juramentum calumniae

Defined in 2 dictionaries — Ballentine's (1916), Bouvier (1914)

Ballentine's Law Dictionary

James A. Ballentine · 1916

Oath of calumny, required in civil law actions of both parties, disclaiming malice.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

(Lat. oath of calumny). In Civil and Canon Law. An oath required of plaintiff and defendant, whether the parties themselves insist on it or not, that they are not influenced in seeking their right by malice, but believe their cause to be just. It was also required of the attorneys and procurators of the parties. Called, also, jusjurandum or sacramentum calumniae. Calv. Lex.; Vicat, Voc. Jur. Utr.; Clerke, Pr. tit. 42. JURAMENTUM JUDICIALE (Lat). In Civil Law. An oath which the judge of his own accord defers to either of the parties. It is of two kinds: first, that which the judge defers for the decision of the cause, and which is understood by the general name juramentum judiciale, and is sometimes called suppletory oath, juramentum suppletorium; second, that which the judge defers in order to fix and determine the amount of the condemnation which he ought to pronounce, and which is called juramentum in litem. Pothier, Obl. p. 4, c. 3, s. 3, art. 3.