approbate-reprobate doctrine
/ˈæprəbeɪt ˈrɛprəbeɪt ˈdɒktrɪn/
noun phrase
Origin
Latin
approbare et reprobare — to approve and to reject
Overview
Meaning Now
- A legal principle stating that a person may not accept the benefits of a transaction or instrument while simultaneously attempting to repudiate or reject its burdens or validity.
Literal older meaning
The doctrine of accepting and rejecting.
Language path
Latin → Middle English → English
Earliest form
approbare et reprobare
Earliest period
17th century
Journey
Originating in Scottish jurisprudence, this doctrine functions as a form of equitable estoppel. It prevents a party from 'blowing hot and cold'—asserting the validity of a contract to gain an advantage while attacking it to avoid an obligation.
Evolution
- Classical Latin
approbare
“to approve, prove, or assent to”
- Classical Latin
reprobare
“to reject, reprove, or disapprove”
- 17th century Scottish law
approbate and reprobate
“a legal maxim prohibiting contradictory claims”
Evolved in the context of inheritance and succession law.
Connections
Word parts
approbate
root
to approve or accept
reprobate
root
to reject or condemn
Related across languages
French
approuver
to approve
French
réprouver
to condemn
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External references use DefinedTerm semantics.