Brevia Anticipantia Law and Legal Definition
Brevia anticipantia is the Latin term for anticipatory or preventive writs. It includes a number of writs such as writ of mesne, warrantia chartae, monstraverunt, audita querela, curia claudenda, and ne injuste vexes.
In Roman Catholic Archbishop v. Shipman, 69 Cal. 586 (Cal. 1886), the court held that “bills quia timet are in the nature of writs known at the common law as brevia anticipantia, or writs of prevention, to accomplish the ends of precautionary justice. They are ordinarily applied to prevent wrongs or anticipated mischief, and not merely to redress them when done. The party asks the aid of the court because he fears some future probable injury to his rights or interests, and not because an injury has already occurred which requires compensation or other relief”.
