EFCGNUS

2 definitions found across Law Mind sources

EFCGNUSAuthored
The Law Mind • 588 words
Definition
EFCGNUS does not appear to be a recognized legal term. The source material associated with this entry label contains a definition for FOENUS (also spelled FENUS), a Latin term from Roman civil law referring to interest on money, particularly the lending of money at interest. The entry as transmitted appears corrupted or misattributed — "EFCGNUS" is not a Latin word, a term of art, or a variant spelling found in the legal lexicon. FOENUS, the term the source material actually defines, means interest accruing on a loan, and by extension the practice of lending money at interest. Its most significant specialized form is FOENUS NAUTICUM (nautical or maritime interest), an extraordinary rate of interest charged on money lent on the risk of a sea voyage. Because the lender bore the full risk of loss if the ship or cargo did not arrive, the law permitted interest rates far above the ordinary ceiling — the premium was compensation for the lender's exposure to total forfeiture of principal. ---
Common Confusion
EFCGNUS should not be treated as a legal term in its own right. It is an artifact of corrupted text. Researchers should not attempt to trace its usage in other sources, as no parallel usage exists. The confusion to guard against is citing or relying on a headword produced by digitization error as though it were a legitimate term of art. ---
Why It Matters in Research
This entry is a product of OCR error or transcription corruption. Researchers encountering "EFCGNUS" in a digitized legal source should treat it as a likely misread of FOENUS or a related term beginning with "F." Early printed law dictionaries, when scanned and processed through optical character recognition, frequently garble Latin headwords — particularly those set in older typefaces where "F" ligatures, long-s characters, and roman type can produce unrecognizable strings. If your research led you here through a keyword search of a digitized corpus, the operative term to pursue is FOENUS or FOENUS NAUTICUM. That is the substantive legal concept the underlying source material addresses. For researchers working with Roman civil law sources, maritime loan history, or the history of usury doctrine, FOENUS NAUTICUM is a significant term. It represents a formal exception to usury limits recognized in Roman law and carried forward into medieval mercantile practice and eventually into the early law of bottomry and respondentia. The Digest (Dig. 22, 2) and the Code (Code 4, 33) are the primary Roman sources; Blackstone discusses the concept at 2 Bl. Comm. 458. ---
Historical Dictionary Support
Black's Law Dictionary (2nd Ed.) carries an entry for FOENUS that covers both the general meaning (interest on money; lending at interest) and the specialized subform FOENUS NAUTICUM. The definition in the source material is partially corrupted in transmission but its substance is recoverable: foenus nauticum denoted the rate of interest, proportioned to the risk, paid to persons lending money on a ship or its cargo for a voyage. If the voyage failed, the lender lost the principal; if it succeeded, the lender received principal plus the agreed extraordinary interest. Historical dictionaries uniformly treat foenus nauticum as the Roman and civil law ancestor of bottomry bonds. The term appears in Bouvier's Law Dictionary and in earlier editions of Black's in connection with maritime loan doctrine. No historical dictionary treats "EFCGNUS" as a term with independent meaning — the string has no legal history. ---
Related Terms
FOENUS NAUTICUM BOTTOMRY RESPONDENTIA MARITIME LOAN USURY INTEREST (legal) NAUTICAL INTEREST
EFCGNUSmain
Black's Law Dictionary (2nd Ed.) • 1910
Lat. In the civil law. Interest on money; the lending of money on interest. —Foenus nauticum. Nautical or maritime interest. An extraordinary rate of interest agreed to be paid for the loan of money on the hazard of a voyage: sometimes called “sure maritima.” ag 22, 2; Code, 4, 33; 2 Bi. Comm. 458 e extraordinary rate of interest, pro rtioned to the risk, jomances is person ending money on a ship, or on ttomry,” as it is termed. The agreement for such a rate of interest is also called “fanue *nauticum.” (2 Bl. Comm. 458; 2 Steph. Comm. 93.) Mosley & Whitley. —Fonus unciarium. Interest of one-twelfth, that is, interest awounting annually to one-twelfth of the principal, hence at the rate of eight and one-third per cent. per annum. This was the bighest legal rate of interest in the early times of the Roman republic. See Mackeld. Rom. Law, § 382

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