évincé

Évincé is a French legal term that translates to "evicted," "dispossessed," or "ousted" in English. It refers to the act of being legally removed from property or a right. This can occur in various contexts, most notably in property law and inheritance law.

In property law, an évincé is someone who is legally removed from possession of a property due to a superior claim or title. For example, if someone buys a property and it turns out the seller did not have the legal right to sell it, the rightful owner could evince the buyer. The concept of "garantie d'éviction" or "warranty against eviction" is crucial in sales contracts, where the seller guarantees that the buyer will not be disturbed in their possession of the property by a third party claiming a better right.

In inheritance law, évincé can also refer to a situation where an heir is deprived of their rightful share of an inheritance. This might happen if a will is contested and found to be invalid, or if a legitimate heir is overlooked due to a prior claim or an error in the distribution. The legal framework surrounding évincé aims to protect individuals from losing property or rights unjustly and provides remedies for those who have been dispossessed. The specific procedures and consequences of being évincé are governed by the civil code and case law in relevant jurisdictions.