Latin in law

Traditionally, legal principles are often expressed using Latin terms or expressions . Many of them have come down to us from Roman antiquity, as German civil law in particular is based on ancient Roman law in essential areas . However, many Latin expressions are also newly coined. For example, the ancient Romans knew neither the culpa in contrahendo nor the nulla-poena principles.

A.

Aestimatio: "Estimation": Valuation in money, in a broader sense also assessing a situation.

A iure nemo recedere praesumitur: "Waiver of rights must not be assumed without further ado."

a posteriori: "Of what comes after"

a priori: “From the earlier”: Presupposed / prefixed or from the outset

A limine: "From the threshold / barrier [of the court]": Collective term for (negative) court decisions that are typically made by decision, without prior oral hearing and without taking evidence. In Austria also a limine rejection .

Aberratio ictus: "Failure of the blow": Figure of experimental theory in criminal law. In contrast to the case in which the perpetrator is only wrong about the victim's identity ( error in persona vel in obiecto ), the perpetrator misses the target here, although he has aimed at the right one.

From ovo: "From the egg on": From the beginning.

Abundans cautela non nocet: "Unnecessary caution does not harm": Unnecessary legal safeguards are harmless.

Abusus non tollit usum: "Abuse does not abolish the right use": A right must not be prevented just because it is sometimes abused ( prohibition of excess ).

Acceptio: " Acceptance ": A declaration of intent that must be received and aimed at the conclusion of an offered contract under the law of obligations .

Accessio cedit principali: “The minor matter follows the main thing”: Principle according to which the legal fate of a minor matter follows that of the main matter.

Accidentalia negotii: "Business secondary items": additional agreements on secondary obligations and other secondary items in the content of the contract. See also essentialia negotii and naturalia negotii

Acta iure gestionis: "Economic legal actions": Economic activities of a state which it carries out abroad and for which it is not immune from the jurisdiction of the foreign state ( private sector administration ). See also acta iure imperii.

Acta iure imperii: “Sovereign legal acts”: activities of a state for which it is immune from the jurisdiction of foreign states (sovereign administration). See also acta iure gestionis.

Actio illicita in causa: The objection that a right to self-defense does not exist because the self-defense situation was provoked by the defender.

Actio libera in causa: “An act that is fundamentally free”: legal construction in criminal law with forward guilt by virtue of fiction. For example, someone who gets drunk in order to commit murder cannot plead that he was incapable of guilt at the time of the crime. Instead, his decision will be credited to him when he was sober.

Actio negatoria: "Freedom of property action ": the owner's right to removal and injunctive relief .

Actio pro socio: "An action in the capacity of a partner": the ability of a partner to bring proceedings against other partners on behalf of the company ( litigation standing ).

Actor sequitur forum rei: “The plaintiff follows the place of jurisdiction of the defendant”: Principle according to which the place of jurisdiction at the (domicile) seat of the defendant is the place of jurisdiction.

Actori incumbat probatio: “The burden of proof lies with the plaintiff ”.

Actus contrarius: “Counteract”: The term is used to describe the thesis that a legal act and an act that causes the opposite have the same legal quality. Example: Not only is the granting of a permit an administrative act , but also the revocation of the permit.

Ad litem: "To the trial": a person involved in a specific legal process (judge, guardian, curator ad litem, administrator)

Aditio hereditatis: "Acceptance of the inheritance". See also delatio hereditatis

Adoptio naturam imitation: "Adoption imitates nature": Adoption has the same legal consequences as a biological child.

Ad tempus concessa post tempus censetur denegata: “What is granted for a limited period of time is automatically denied after the time has expired.” ( Codex Justinianus 10, 61, 1).

Ad impossibilia nemo tenetur: “Nobody is obliged to achieve the impossible.”: See ultra posse nemo obligatur.

Ad nutum: "On instruction": Transfer of a management role until revoked. Takes place in church law and company law , for example when appointing a managing director of a GmbH , cf. Section 38 (1) GmbHG.

Affectio societatis: Will to become a partner in a company .

Alias facturus: See omnimodo facturus.

alibi: “Elsewhere”: Anyone who has an alibi can prove that he was somewhere else at the time of an act and therefore cannot be the perpetrator.

Aliud: “Something different”: Description of the aspiration goal. If the wrong object is given to fulfill an obligation, one speaks of aliud ; on the other hand, it is only inadequate, by a peius . In the first case, the right to performance continues to exist in the case of sales contracts, in the second there are at most warranty claims or claims for damages.

Alteri stipulari nemo potest: “Nobody can be promised anything in favor of a third party.”: Applies neither in German nor in Swiss law; in this regard: contract in favor of third parties and contract with protective effect for third parties .

Amicus curiae: “Friend of the court”: a person or organization who participates in common law in proceedings without being a party and who, with his or her statements, helps the court to come to a decision. This legal figure is alien to German and Swiss law.

Animus auctoris: “Author's will”: in criminal law, the will to commit an act as opposed to the will to only participate in the act ( animus socii ).

Animus belligerendi: "Will to wage war".

Animus donandi: "Willing to donate".

Animus furandi: "Intention to steal".

Animus iniurandi: "Intentional insult".

Animus necandi: "Intent to kill"

Animus possidendi: “Willing to own possession”: See also animus rem sibi habendi.

Animus recipiendi: "Willing to receive".

Animus rem alteri gerendi: “Will to do one business for another”: Will to manage business. See also management without a mandate .

Animus rem alteri habendi: "Will to own one thing for another": owner will. See also animus rem sibi habendi.

Animus rem sibi habendi: “Willing to own a thing for oneself”: will to own something.

Animus socii: "Will of the partner": in criminal law, the will to participate in the main offense (incitement, aiding and abetting)

Animus testandi: " Testamentary will ".

arguendo: Explanatory statements by the court that are not relevant to the decision

Argumentum a fortiori: “End of the strongest”: closes in size - see argumentum a maiori ad minus and argumentum a minori ad maius .

Argumentum a maiore ad minus: “End from the bigger to the smaller”.

Argumentum a minori ad maius: "End from the smaller to the larger".

Argumentum ad absurdum: "Conclusion from the absurd": End from the absurd result to the wrong interpretation.

Argumentum e contrario: "Opposite conclusion", "reverse conclusion"

Argumentum lay non distinguente: "Justification for the admissibility of an analogy"

Audiatur et altera pars: “The other side should also be heard.” Principle that in court proceedings, both sides are always granted the right to express themselves. Variant: "et altera pars audiatur".

Aulus Agerius: Placeholder for the plaintiff's name in the Roman claim form. See also Numerius Negidius.

Aut dedere aut iuridare: “Either hand over or judge”: A state is obliged to either extradite a criminal or to bring it to justice.

B.

Beneficium cohaesionis: If a judgment is changed in criminal proceedings through an appeal, the advantageous changes also affect the other parties involved, if they are affected. See Section 295, Paragraph 1, Sentence 2 of the Code of Criminal Procedure (appeal); Section 290 (1) sentence 2 ( annulment complaint )

Beneficium excussionis realis: The objection available to the debtor in the recovery process that the obligee must first realize a pledge before accessing the debtor's property. See also beneficium excussionis personalis.

Beneficium excussionis personalis: The defense in the recovery that a deposit may only be utilized if the debtor's assets is not sufficient for this purpose. See also beneficium excussionis realis.

Benigna interpretatio: The “principle of benevolent interpretation” is based on the consideration that the testator generally depends on the intended economic success of his disposition upon death and less on the legal process. If a testamentary disposition allows multiple interpretations, then, according to Section 2084 of the German Civil Code, priority is to be given to the one in which the disposition can be successful.

Bona fide / Bona fides: In good faith / good faith : See also mala fide.

Bonus (ac diligens) pater familias: “The good (and cautious) father”: Term for an abstract person who the judge uses as a reference norm for assessing a certain behavior, in the sense of “Would a good and cautious father have acted like that?”.

Brevi manu traditio: "Short hand handover": Transfer of ownership without handover (cf. § 929 S. 2 BGB). See also longa manu traditio.

Bellum iustum: "Just War".

C.

Case: "Case".

Casum sentit dominus: "The owner bears the damage": rule for the attribution of damages in the event of accidental loss or accidental deterioration of an object.

Casus Belli: "War case": the occurrence of conditions which a state regards as a reason for war.

Casus fortuitus: "Random event": Lower chance, i. H. a subspecies of force majeure resulting from a man-made event (e.g. strike , civil unrest, or war).

Causa criminalis non praeiudicat civili: "A criminal process does not pre-empt a civil process". Primarily means: A civil judge is not bound by the sentenced sentence.

Caveat emptor: "The buyer should be vigilant": Obvious defects do not lead to any warranty claims if the buyer could already see them at the time of purchase.

Certiorari: “Determine, allow”: As a legal term, certiorari means that a superordinate court turns to a subordinate court to review its decision (Roman law) or to request the files of a case (modern European law).

Cessante ratione legis cessat ipsa lex: "If the meaning of a law falls away, the law itself falls away."

Cessio in securitatem debiti: "Assignment to secure a debt": assignment, assignment as security .

Cessio legis: "Subrogation by law". See, for example, Section 774 (1) BGB.

Cessio necessaria: "Necessary subrogation".

Clausula rebus sic stantibus: “Determination of the constant circumstances”: Principle that assumes that the parties have assumed certain principles of the contract to be unchangeable. If these change contrary to expectations, the judge can adjust the contract accordingly or even cancel it.

Condicio sine qua non: “Condition without which not”: a circumstance that cannot be ignored without losing a certain success. This rule of thumb is used in criminal and tort law to generally determine whether an action was causal for something.

Condictio: Right to surrender from unjust enrichment . The term “condition” is also used in legal jargon. In Germany, on the basis of the Roman condictio, §§ 812 ff. BGB (unjust enrichment) were drafted, in Switzerland Art. 62 ff. OR, in Austria §§ 877, 921, 1174 and 1431–1437 ABGB .

Condictio causa data non secuta: Reclamation in the absence of the expected success when concluding a transaction. In Austria: condictio causa data causa non secuta (analogous to § 1435 ABGB).

Condictio indebiti: “Reclaiming what is not owed”: Condictio from the payment of a non-fault.

Condictio ob causam finitam: So-called performance condition: claim for reimbursement if the original legal reason no longer applies (in German law, Section 812, Paragraph 1, Sentence 2, Case 1 BGB). In Austria this action is called condictio causa finita (§ 1435 ABGB).

Condictio ob rem: Condition in the event that the objective intended according to the content of the legal transaction does not occur (Section 812, Paragraph 1, Sentence 2, Case 2 BGB).

Condictio ob turpem vel iniustam causam: "Reclaim due to immorality or injustice": According to § 817 BGB, there is a right to restitution under regional law if the acceptance of a service violates morality or the law.

Condictio sine causa: "Reclaim from a gratuitous donation".

Consensus gentium: “Agreement of the peoples” regarding an idea, an assumption (opinion) or a belief: arguments according to which certain principles are or must be true if they are supported by a majority.

Consuetudo: “Habit”: Also used in the sense of common law .

Contra bonos mores: "Against good morals".

Contra legem: "Against the law".

Contra omnes: "Against all".

Contra proferentem: Interpretation rule according to which clauses in contract law are to be interpreted in the event of inaccuracy at the expense of the contractor (cf. § 305c Paragraph 2 BGB)

Coram publico: “In public”, “in front of all the world”, “publicly”: show trial; process carried out in front of the public. Have a dispute coram publico.

Corpus iuris civilis: Collective term for the body of law compiled under the Eastern Roman Emperor Justinian, along with supplementary novellas. This is the work that became the main source of Roman law, which was received in Europe in later centuries. The name Corpus iuris civilis does not come from Justinian, but from the history of reception.

Cui bono?: “Who has the benefit?”: A question in criminal law that aims to ensure that the perpetrator is to be found among the group of people who benefit from the offense.

Cuius est commodum, eius est periculum: "Whose the good, whose is the danger": Basically, the owner of an object bears the risk of (accidental) deterioration.

Cuius regio, eius religio: "Whose land / rule, whose faith": Principle according to which the land and its inhabitants must belong to the same denomination as the sovereign. Not a Roman legal rule, but a constitutional allocation rule in the Holy Roman Empire of the German Nation in the early modern period.

Culpa

"Fault" in the broader sense and "negligence" in the narrower sense (civil law)
Guilt (criminal law)

Culpa in contrahendo: "Fault in the conclusion of the contract": During contract negotiations, a relationship of trust similar to a contract already applies, the culpable violation of which can lead to compensation. In particular, there is an obligation to disclose important circumstances relating to the contract to be concluded and which the other party is not aware of.

Culpa post contractum finitum: "Fault after the contract has ended": Even after the contract has ended, claims for damages can arise from a breach of contractual obligations.

Culpa lata: "Gross negligence".

Culpa levis: "Slight negligence": A distinction is made between culpa levis in abstracto and culpa levis in concreto, depending on whether the bonus pater familias or the everyday behavior of a person is used as a reference.

Culpa levissima: "Slightest negligence".

Cum beneficio inventarii: “Subject to inventory”: acceptance subject to inventory reservation, acceptance under public inventory.

Cum grano salis: “With a grain of salt”: Analogous addition to a statement to indicate that it does not have to be true in every case (or not just purely false).

Cura: "Care":

in the area of liability for auxiliary persons. Only if all three curae ( cura in custodiendo (care in monitoring), cura in eligendo (care in selection) and cura in instruendo (care in instruction)) are fulfilled, the agent is not liable for his / her assistants. The contractual auxiliary person's liability is regulated in Swiss law in Art. 101 OR , which, however, provides for a kind of causal liability as an exception and one cannot exempt oneself from liability with the proof of due diligence (all three curae). The non-contractual assistants liability in Art. 55 OR (so-called. Business Mr adhesion ). With the Federal Court judgment BGE 110 II 456ff. (so-called manhole frame case ), the Swiss Federal Supreme Court has laid down a further duty of care, which cura in organisando (care in company organization, e.g. with quality controls).

cura minorum: guardianship ; Parties: curator 'Pfleger', curandus 'Pflegling'.

D.

Da mihi factum, dabo tibi ius: "Give me the facts, I'll give you the right.": Designation of the principle that the parties to a civil process can only present the facts to the court (but also have to) and the judge alone is responsible for the legal assessment. In today's law, the rule is to be understood in such a way that the judge is not bound by the legal situation claimed by the parties and must make his own subsumption.

Damnum emergens: “Positive damage”: Destruction or diminution of an existing asset, as opposed to (potentially) lost profit. See also lucrum cessans .

Damnum et interest: "Damage and interest": compensation for damages

Datio in solutum: "Gift on account of payment": performance in lieu of performance, performance on account of performance

de cujus: "the deceased"

de facto: "According to the facts"

de jure: "By law"

de lege ferenda: "According to the law to be made": Describes the legal situation that will apply under a legal norm that is yet to be enacted. See also de lege lata.

De lege lata: "According to the law": Describes the currently applicable legal situation in contrast to a legal situation that is brought about by a (planned) legal norm ( de lege ferenda ).

Debit: "He owes."

Debet quis juri subjacere, ubi deliquit.: “You have to answer legally where you have committed the offense.” The court at the crime scene is responsible for the indictment and the proceedings.

Customer: "Debtor"

Customer cessus: Debtor of an assigned claim

Debitum fundi: " Land charge "

Declaratio voluntatis: “ Declaration of will ”: the expression of a will directed towards a legal consequence

Delatio hereditatis: "Opening of the inheritance, inheritance claim". See also aditio hereditatis .

Delegatus non potest delegare: “A delegate cannot delegate.”: Basic rule that the authorization of an authorized representative cannot extend further than the authorization itself, so that an authorized representative is normally not authorized to grant sub-authorization unless his authorization also includes this right. See also nemo plus iuris transferre potest quam ipse habet.

Derelictio: "Abandonment of ownership"

Desponsatio: "Engagement"

Dicta et promissa: “Said and Promised”: Express representations

This a quo: “The day from which (is counted)”: the starting day of a period

Dies ad quem (computatur): "The day to which (is calculated)": the end day of a period

This interpellat pro homine: “The appointment reminds people instead of people.”: A reminder can be dispensed with in accordance with Section 286 (2) No. 1 BGB.

Diligentia quam in suis (rebus adhibere solet): “ Care as in one's own (things should be exercised)”: The care that is also taken in one's own affairs. In certain exceptional cases, this is accepted as a measure of negligence and then regularly leads to reduced liability, standardized in Section 277 of the German Civil Code.

Do ut des: "I give so that you give.": Expression of the assumption of a synallagmatic , mutual take and give based performance relationship between contracting parties. Does not necessarily mean the obligation to perform step by step .

Dolo agit (qui petit, quod statim redditurus est): "Acts maliciously (who demands what he will have to return immediately)": This phrase is derived from the legal principle that you cannot enforce your rights in the event of abuse of the law; In any case, the debtor is entitled to the dolo-agit plea. See also exceptio doli .

Dolo facit, qui petit, quod statim redditurus est: See dolo agit (qui petit, quod statim redditurus est) .

Dolo: "Malicious", "culpable"

Dolus: Depending on the context, "intent", "guilt" or "fault"

Dolus alternativus: "Alternative intent": The perpetrator has made a decision to act , but does not know which of the two mutually exclusive offenses he will fulfill.

Dolus antecedens: "[The act] preceding resolution". See also dolus subsequens.

Dolus bonus: "Good intentions"

Dolus directus: "Direct [that means unconditional] intention": The perpetrator knows about the result of his act and wants to achieve it.

Dolus eventualis: “Contingent [that is, conditional] intent”: In contrast to dolus directus , the perpetrator does not necessarily want the act to be successful, but he can easily accept it.

Dolus generalis: "General intent"

Dolus subsequens: “Subsequent intent”. See also dolus antecedens.

Domicilium citandi et executandi: "Place of delivery and fulfillment"

Dominium plurium in solidum

Dominium pro parte pro indiviso: "Ownership according to ideal quota, not real share": co-ownership

Donatio inter virum et uxorem: “Donation between spouses”: These donations were fundamentally void under Roman law. In Central European law the treatment was then very different. Some countries had adopted the Roman legal rules for donations between spouses, which were mediated by common law , others did not.

Duces tecum: “You will lead with you”: Condition in a subpoena

E.

Eadem res inter easdem partes: "Same dispute between the same parties to the dispute". Condition under which it is not allowed to judge twice. See also ne bis in idem.

Emptio rei speratae: "Buying something hoped for". See venditio rei speratae .

Emptio spei: "Hope buy". See venditio spei .

Eo ipso: "From yourself": Without any further reason.

Erga omnes: “Towards all”: Designation of the effect of absolute rights that apply not only to one contracting party (see inter partes ) but to everyone. An example of this is ownership of something that can be asserted against anyone.

Error: “ Error ”: unconscious disintegration of objectively explained and subjectively wanted.

Error in negotio: "Error about the (legal) transaction": The person making the declaration is mistaken about the type of legal transaction .

Error in obiecto: "Error about the subject": The declaring party is mistaken about the subject of the legal transaction .

Error in person: “Error about the person”: The person making the declaration is wrong about the partner of the legal transaction .

Error in persona vel obiecto: " Error in the person or in the object": fact that the perpetrator hits what he wanted to hit, but was wrong about the target. For example, the perpetrator wants to shoot his neighbor and hits the silhouette in the window of the neighboring house. In fact, this is the neighbour's cleaning lady.

Error in procedendo: "Procedural error": "The mere error of the court about its jurisdiction, which can only be seen as a constitutional violation if the court has made its decision arbitrarily." The opposite is the error in iudicando .

Essentialia negotii: "Essential contractual points": The essentialia negotii must in any case be supported by the (normative) consensus in order for a contract to come about. For Switzerland this is regulated in Art. 1 OR .

Et altera pars audiatur: See audiatur et altera pars .

ex aequo: equal, equal; equally

Ex aequo et bono: "In justice and in equity": the possibility for the judge to pass a judgment that he or she believes is fair, without abiding by the law, provided that both parties agree. This system can be found above all in common law and at arbitration tribunals in general (cf. Art. 17 Para. 3 of the ICC Arbitration Rules or Art. 38 Para. 2 of the ICC Statute ). See also amiable compositeur .

Ex ante: “From the start”: Term for looking at a situation from the perspective before it has already occurred. The counterpart is ex post.

Ex contractu: "Out of contract": Name for a (compensation) claim based on a (n) contract (s).

Ex delicto: "Out of offense": Name for a claim for damages based on damage to a legal asset.

Ex iniuria ius non oritur.: “No right arises from injustice.” Example: An object that a person has illegally appropriated cannot be legally sold by him.

Ex lay: “By virtue of the law”.

Verbum ex legibus sic accipiendum est: tam ex legum sententia quam ex verbis.; "The expression based on the laws is to be understood as follows: according to the meaning of the laws as well as the wording."; Digestae 50.16.6

Ex nunc: “From now on”: Often used in connection with the occurrence of legal effects. Counterpart ex tunc.

Ex officio: "Ex officio".

ex parte: "From [perspective] of one side": For or against a side or party.

Ex post: "In retrospect": Term for looking at an issue from the perspective after it has already occurred. The counterpart is ex ante.

Ex tunc: "From then on": Often used in connection with the occurrence of a legal effect. The counterpart is ex nunc.

Ex turpi causa non oritur actio: “No complaint can be based on one's own reprehensible behavior.”: A v. a. A maxim known in the law of the United Kingdom, the meaning of which roughly corresponds to the sentence "Nemo auditur turpitudinem suam allegans".

Exceptio doli: “Defense of malice”: Anyone who acts fraudulently does not deserve legal protection. In the German Civil Code , the exceptio doli is contained in § 242.

Exceptio doli praesentis: "Defense of current malice": Current malice is malicious, unfaithful behavior during litigation.

Exceptio doli praeteriti: "Defense of past malice": Past malice is malicious, unfaithful behavior before the process.

Exceptio (quod) metus (causa): "Defense of Fear" or "Defense Caused by Fear": Defense against claims made under duress.

Exceptio non adimpleti contractus: "Objection of non-fulfilled contract": Right of a party to a mutual contract to refuse the performance incumbent upon it until the consideration has been effected, provided that it is not obliged to perform in advance.

Expressis verbis: "In express words".

expropriation: "Expropriation".

F.

Falsa demonstratio non nocet: “The wrong designation does no harm”: Embodiment of the principle of will, according to which the content of a declaration of intent is not determined on the basis of the choice of words, but on the true will of the parties. For example, if two parties want to conclude a sales contract for whale meat, but incorrectly designate it as shark meat, this does not prevent the contract from being valid (see Haakjöringsköd case ).

Falsus procurator: "False representative": someone who acts as a representative although he has no power of representation (assumed representation), cf. Section 177 BGB.

Favor contractus: "Advantage of the treaty": Principle of international law, according to which international treaties are maintained even if the parties no longer approve them. These contracts must first be terminated - if at all possible; Furthermore, the principle in contract law that contracts should be maintained as far as possible (e.g. by repairing damaged goods by the seller).

Favor testamenti: “Preference of the will”: The true will of the testator may only be taken into account in the interpretation if there is any reference to it in the text of the will.

Fiat iustitia, et pereat mundus: “Justice should be done and the world should perish because of it”: Emperor Ferdinand I's motto: Law should be enforced at all costs.

Fiduciary: "Trustee": Mostly in the case of transfers by way of security.

Forum: “ Court ” / “ Place of jurisdiction ”: Derived from the forum as an ancient public square, on which, among other things, court hearings could take place. The forum state is accordingly the state in which a court referred to, whose jurisdiction has yet to be clarified, has its seat.

Forum externum: “Outer area”: Part of the objective protection area of religious freedom , which includes the commitment to a belief and belief-guided action.

Forum internum: "Inner area": Part of the material protection area of religious freedom , which covers the formation and having a belief.

Forum non conveniens: “Inappropriate court”: A concept according to which courts (especially those from the area of common law ) may deny their jurisdiction for a case brought before them if they consider another court to be more competent. A related norm can be found in the Swiss Jurisdiction Act in Art. 9 Paragraph 3: "The designated court can refuse its jurisdiction if the dispute does not have a sufficient geographical or factual reference to the agreed place of jurisdiction".

Frau est celare fraudem: "It is a fraud to hide a fraud".

Fraus omnia corrumpit: "Fraud destroys everything".

Frustra legis auxilium quaerit qui in legem commitit: "Seek in vain the help of the law who violates the law".

Functus officio: "In office performed": A person who has been elected to an office and whose term of office has expired.

For semper in mora est: “The thief is always behind schedule”: You don't need to warn a thief before you can demand the stolen item from him.

Furtum usus: " Presumption of Use ".

G

Genus proximum et differentia specifica: A definition is made by specifying the next higher class and the specific difference.; Criterion which, together with the tertium comparationis, is used to determine the suitable comparison pair in the general principle of equality.

Genus non perit / Genera non pereunt: “The species does not go under”: If a debt is only determined according to its species (for example in the form of “3 loaves of bread”), the guilt cannot become impossible because there can always be elements of this species (breads).

H

Habeas corpus: “May you have the body”: the right of arrested persons to an immediate judicial review.

I.

Id quod actum est: "That which was agreed": The agreement of the parties.

Ignorantia facti: " Factual error ".

Ignorantia legis non excusat: “Ignorance of the law does not protect against punishment”.

Imperitia: “Inexperience”: Lack of specialist knowledge.

Impossibilium nulla est obligatio: “There is no obligation to the impossible”: the impossible cannot be the content of a contractual obligation. This principle also applied to German law until 2002. Since the Law of Obligations Modernization Act, an impossible performance under German law can be the content of an obligation, whereby (only) the claim to the impossible performance according to Section 275 BGB is not applicable. Previously, such a transaction was considered null and void from the start.

Inadimplenti non est adimplendum: "Whoever does not fulfill cannot be fulfilled". Conversely, from the requirement of fulfillment step by step .

In contumaciam: “In the absence of [the accused]”: The issuing of a judgment against the accused when the accused does not appear for trial. As a rule, these judgments are made against the defendant.

In dubio contra reum: In case of doubt against the accused: Reverse version of in dubio pro reo . Is not used as a legal sentence, but to denounce a bad application of the law.

In dubio contra stipulatorem: "In case of doubt against the obligee": Rule of uncertainty when interpreting contracts - in particular terms and conditions . If there is ambiguity in a contract, the less favorable one for the author is assumed. The reason for this is that he already had the prerogative to formulate the contract.

In dubio melior est conditio possidentis: “In case of doubt, the owner deserves preference”. See also In pari turpitudine melior est causa possidentis. Salopp Beati possidentes "Blessed the possessors" and shortened in German "Whoever has, is right".
In dubio mitius (iudicare): “Decide / judge more leniently in case of doubt”: Variant of in dubio pro reo , according to which of two penal norms the milder one applies if the aggravating elements of the more stringent one cannot be proven. Example: It could be proven that someone killed another person, but not that they had base motives in doing so. Thus, among homicides, the punishment from the norm on manslaughter (German law) or deliberate homicide (Swiss law), not murder (Germany) or murder (Switzerland) , applies.

In dubio pro reo (iudicandum est): "In case of doubt (is) for the accused (to decide)": Presumption of innocence as a traditional principle of the administration of criminal justice , now the basis of every constitutional criminal law. Documented, among other things, in Art. 6 Para. 2 ECHR .

In fine: "At the end": As an indication of where - for example in a judgment - the relevant position can be found.

Infirmitas: "Weakness".

In flagranti (delicto): "In the act": prerequisite for arresting everyone in accordance with § 127 Abs. 1 S. 1 StPO and for a predatory theft acc. Section 252 of the Criminal Code.

In foro: "In court".

In foro interno, in foro externo: "In internal jurisdiction [and] in external jurisdiction": In Belgian federalism, the principle that the regional authorities can conduct their own foreign policy in the areas for which they are domestically responsible (cf. Article 127 § 1 Paragraph 1 No. 3 and 167 § 1, paragraph 1 of the Belgian Constitution ).

In iudicando criminosa est celeritas: "Hurrying to judge is criminal".

In limine litis: “Before the dispute”: Formalities that must be completed before the judge examines the case.

In medias res: "To the middle of things": get straight to the point.

In pari turpitudine melior est causa possidentis: "If both parties act equally immoral, the legal position of the owning party is the better": The dispute remains with the current owner.

In praeteritum non vivitur: “The past is not lived”: Means that maintenance claims for the past cannot be asserted. Something else applies if the maintenance debtor has previously been in default .

Instrumenta sceleris: “The tools of crime”: objects used to commit a crime. In Germany (§ 74 ff. StGB) and in Switzerland (Art. 58 StGB) these can be confiscated.

Inter alia: “Among other things”: Reference to other laws, legislations or cases when naming the facts and laws relevant to a case. An example from different possibilities.

Inter arma enim silent leges: “Because under the arms the laws are silent” ( Cicero ).

Inter partes: “Between the parties”: Not valid towards everyone (see erga omnes ), but only between the parties (of a contract).

Interni actus per se spectabiles non sunt: “Inner actions are invisible to themselves”: Principle according to which when interpreting declarations of will that require receipt, what is decisive is what is objectively explained and not what is subjectively wanted.

Invecta et illata: "Bringing in and importing": things that the tenant brings into a space and on which the landlord has a lien. Regulated as a landlord's lien in the German Civil Code (BGB), in Swiss tenancy law only permitted for commercial leases.

Invitatio ad incertas personas: "Invitation to an undetermined group of people [to make an offer]". See also offerta ad incertas personas and invitatio ad offerendum .

Invitatio ad offerendum: “Invitation to make an offer”: invitation to submit an offer .

Ipso iure: “From the law itself”: by virtue of law, by law, legally.

Itio in partes: “Falling apart into parts”: A term from the old German law, according to which the Reichstag split into a Catholic and a Protestant part in votes on religious matters, which voted separately.

Iudex a quo: “The judge from whom”: The judge who transfers a legal case to another. See also iudex ad quem.

Iudex ad quem: “The judge to whom”: The judge to whom a legal case is referred. See also iudex a quo.

Iudex non calculat: “The judge does not calculate”: The judge does not decide by counting arguments, but by weighing them (according to their persuasiveness). The historical origin of the sentence, on the other hand, lies in a more technical statement in the digests (Macer Dig. 49, 8, 1, 1), according to which obvious calculation errors in the judgment would not do any harm and should be corrected without further ado, cf. for German law today § 319 ZPO.; The phrase is often used jokingly in the sense of "The judge [or the lawyer in general] cannot calculate".

Iura novit curia: "The court knows the law": The parties to a civil law dispute only have to provide the facts for the decision, but not the relevant legal norms - they can assume that they are known. For foreign legal norms, § 293 ZPO restricts this principle in German law. See also da mihi factum, dabo tibi ius .

Iure suo uti nemo cogitur: “Nobody is forced to exercise their right”.

Ius aequum: “Just law” - equity: The judgment of a situation according to what would be just in the individual case, in contrast to strict loyalty to the wording of the law. See also ius strictum .

Ius civile: “Citizenship”: The totality of all legal norms that were exclusively applied to Roman citizens in the Roman Empire.

Ius cogens: "Mandatory law". Law that cannot be changed by the will of one (in constitutional law) or both (in private law) parties. This is in contrast to the ius dispositivum .

Ius de non appellando: See privilegium de non appellando / privilegium de non evocando .

Ius dispositivum: "Mandatory right". Law, which can be modified by the will of one (in constitutional law) or both (in private law) parties. This is in contrast to the ius cogens .

Ius divinum: "Divine right": law that is considered to have been issued by a divine authority. In Christianity, for example, “ the ten commandments ”.

Ius gentium

Ius honorarium: “Official law”: Law which was issued by holders of the republican honorary offices in the Roman Empire and which served the purpose of legal training .

Ius indigenatus: “Law of the natives”: Law that restricted Polish interference in the Prussian Federation and regulated self-government.

Ius primae noctis: "The right of the first night": The right of a medieval sovereign to spend the wedding night with the bride on the occasion of the marriage of a couple falling into his domain. To what extent this existed only theoretically or at all apart from fiction is controversial.

Ius soli: “Right of the land”: birthplace principle, according to which a state grants citizenship to all children born on its territory.

Ius strictum: “Strict law”: law regardless of the specifics of the individual case.

Ius respicit aequitatem: “The law respects equality”: the principle of equality , according to which all people are equal before the law.

Ius in sacra / Ius circa sacra: "The right in the holy" / "The right over the holy": Central concepts of the state church law . The first designates the sovereignty authority valid in the respective religion, the second the authority over the churches themselves (which lies with the sovereign state).

Ius sanguinis: "The right of the blood": principle of descent .

Iusta causa traditionis: “The legal reason for the transfer”: Refers to the abstract possible transfer of property through the handover without any further legal reason. See abstraction principle .

Iustitiae dilatio est quaedam negatio: "The delay in granting rights equals their refusal".

Ius vigilantibus scriptum est: “The law is written for the vigilant”: Describes the fact that one has to ensure that one's rights are protected.

Ius variandi: Describes the right of a creditor to choose between two services.

Ius respondendi: Includes the authority to respond to legal and legal inquiries on behalf of the emperor.

Ius postliminii: Guarantees the restoration of a person's original legal position when they return home from captivity or emigration.

Ius gladii: The legal authority to pronounce death sentences within the framework of capital jurisdiction and to have them carried out.

L.

Laesio enormis: "Enormous violation": Describes a gross equivalence disruption of a sales contract, in which the seller receives less than half the value of the goods as the purchase price.

Put artis: “According to the rules of the art”: Standard of fault in the case of medical treatment errors .

Legibus idcirco omnes servimus ut liberi esse possimus: “We obey the law only in order to be free” ( Cicero , pro Cluentio 53, 146).

Legis citatae: "The cited passage of law".

Legitimatio per matrimonium subsequens: “Legitimation through subsequent marriage”: The recognition of an illegitimate child through the marriage of the mother.

Lex arbitri: "The law [at the place of the seat] of the arbitral tribunal". See also lex fori.

Lex causae: “Of the law of the case”: Refers to the substantive law that applies under private international law .

Lex commissoria: "Sunset Clause".

Lex contractus: "The law of the contract".

Lex dubia non obligatory: “A dubious law is not binding”.

Lex fori: "Law of the court [place]".

Lex generalis: "General law": A law that describes a situation in a more abstract way than the corresponding lex specialis . See also lex specialis derogat legi generali.

Lex imperfecta: “Incomplete law”: A regulation that does not have any legal consequences, ie “nothing happens” if it is not complied with.

Lex loci contractus: "Law of the place of the contract": conflict of laws rule of international private law, if no explicit choice of law has been made.

Lex loci executionis: "Law of the place of execution": conflict of laws rule of international private law, according to which the law of the state in which the contract is executed applies.

Lex loci laboris: "Law of the place of work": The material law that is applicable at the place of work.

lex mercatoria: "Law of the merchants".

lex perfecta: “Perfect law”: A provision that directly links the consequences of nullity to a specific fact

Lex residiae: Right of residence.

Lex rei sitae: "Law in the place where the thing is located": Describes a principle of private international law which states that the law of the state in which the thing is located always applies to a thing.

Lex posterior derogat legi priori: "Younger law breaks earlier law": If two laws contradict each other, the later of the two is applied.

Lex societatis

Lex specialis derogat legi generali: "The special law supersedes the general": Interpretation rule that states that a special regulation applies before and instead of the general regulation.

Lex superior derogat legi inferiori: "The higher-ranking law displaces the lower-ranking one": Interpretation rule according to which, for example, federal law breaks state law .

Lex voluntatis: "Desired right": The contracting parties have explicitly declared responsible law in cases where a choice is possible ( international private law ).

Litis contestatio: "Defense", also "war fortification". In Roman law, the opening of the process

Locus regit actum: "The place determines what happens": The form of the legal transaction depends on the law of the place of construction.

Longa manu traditio: “Long hand handover”: in contrast to brevi manu traditio, means a transfer of ownership in which the owner only holds the property, but not actual custody. For example, given when a farmer sells tree trunks stored in the forest. see § 854 Paragraph 2 BGB.

Lucidum intervallum: "Lights (brighter) moment / moment": Term for the period in which someone with a mental impairment can still be (fully) attributed in the meantime. So, as an exception, a certain act was committed in a temporary state of full sanity.

Lucrum cessans: "Loss of profit": The more that one could have worked out if one had had a thing (for example the object of purchase) available. Can, for example , be asserted as compensation for non-performance .

Lucrum ex (negotio cum) re: "Profit from (trading in) the thing": The mere use value, i.e. the profit made when the thing is sold.

Luxuria: "Exuberance": Deliberate negligence. See also neglegentia.

M.

Mala fides: “Bad Faith”: bad faith.

Mala fides superveniens non nocet: "Bad belief that arises afterwards does no harm [to a closed presidency]".

Male captus, bene detentus: “Unlawful seizure, lawful detention”: Controversial legal rule according to which an (internationally) unlawful seizure of a person by a state (e.g. by kidnapping from another state) does not preclude legal detention. The (internationally) unlawful seizure does not constitute a procedural obstacle and the person does not have to be returned.

Mancipatio: Basic idea of the abstract disposition business. An abstract ritual of disposal among the Romans.

Mandamus: "We order": court order of the preliminary proceedings (interim / preliminary legal protection).

Mater semper certa est (Pater est, quem nuptiae demonstrant): "The mother is always safe (father is who the marriage refers to)": In relation to the fundamental uncertainty of fatherhood in contrast to motherhood, which was previously undoubted.

Minima non curat praetor: "The judge does not care about little things". Also de minimis non curat praetor or de minimis for short . Among other things, the basis for the regulation of de minimis subsidies in European law.

Minor restituitur non tamquam minor, sed tamquam laesus: "A minor is not protected insofar as he is a minor, but insofar as he has been disadvantaged."

Mobilia sequuntur personam: “Movable property follows the person”: According to this rule, movable property that a person is carrying is subject to the law applicable to the person, such as Bartholomaeus de Saliceto . The idea was anchored in the introduction to Section 28 of the Prussian ALR , but was overcome by Friedrich Carl von Savigny . Today it is occasionally discussed in relation to luggage.

Mora creditoris: "Debtor Default".

Mora debitoris: "Debtor Default".

Mutatis mutandis: "With the necessary changes": analogy with appropriate consideration of the facts that do not correspond to the principle.

Missio in possessionem: “Insertion into [the debtor's] property”.

N

Nasciturus: "Someone who will be born": womb, unborn child (as a legal subject, for example in inheritance law ).

Nasciturus pro iam nato habetur, quotiens de commodis eius agitur: "The fruit of the womb is equated with that which has already been born, insofar as it serves its advantage."

Naturalia negotii: "Business features": statutory addition to the content of the contract, mandatory statutory law. See also accidentalia negotii and essentialia negotii .

Ne bis in idem: “Not twice with regard to one and the same”: prohibition of double prosecution. This means that the same offense cannot be judged twice. In German law manifested in Article 103, Paragraph 3 of the Basic Law ; for most UN member states in Art. 14 Para. 7 UN Pact II.

Ne ultra petita ("Ne eat iudex ultra petita partium"): “Not beyond what is required”: A judgment must never go beyond the requests of the parties.

Necessitas probandi incumbit ei qui agit: The burden of proof in criminal law lies with the prosecutor.

Nec vi, nec clam, nec precario: “Not by force, not secretly, not by a bit of a bit”: requirements for faultless real possession.

Negativa non sunt probanda: “Nobody has to prove missing circumstances”: General principle of procedural law. Since it is much harder to prove that something is not , the person who, on the contrary, claims that something is , has to prove the fact .

Neglegentia: "Carelessness": unconscious negligence. See also Luxuria.

Negotiorum gestio

Negotium iuridicum: " Legal transaction ": an offense that consists of at least one declaration of intent which, either alone or in conjunction with other elements, brings about the legal consequence determined by the declaration of intent.

Neminem laedere: “Do not harm anyone!”: General principle on which tort law is based.

Nemo iudex in sua causa: "Nobody is a judge in their own right": principle of impartiality, exclusion from judicial office .

Nemo iudex sine actore: “Nobody is a judge without a plaintiff”: paraphrase of the disposition maxim (disposition principle).

Nemo plus iuris transferre potest quam ipse habet: "Nobody can transfer more rights than he himself has."

Nemo potest cogi ad factum: "Nobody is forced to act."

Nemo sibi ipse causam possessionis mutare potest: "Nobody can improve their property situation for themselves just through their own will."

Nemo tenetur contra se edere: “Nobody has to come up with something that speaks against them.” The legal principle of German (unlike, for example, US pre-trial discovery ) law of evidence

Nemo tenetur se ipsum accusare (also: "Nemo tenetur se ipsum prodere"); “Nobody is obliged to prosecute themselves”: A central component of the law of criminal procedure - primarily includes the defendant's right to refuse to testify.

Nemo testis in propria causa: "Nobody can be a witness on their own behalf."

Nemo turpitudinem suam allegans auditur: "No one is heard who invokes his own shamefulness."

Nihil commune has proprietas cum possessione: "Property and possession have nothing in common."

Nolle prosequi: "Discontinuation of the proceedings, withdrawal of the action"

Nolo contendere: “I don't want to argue”: taking up a position without acknowledging a legal obligation. In a broader sense also: "Neither confirm nor deny"

Non decipitur, qui scit se decipi: "It is not deceived, who knows that he will be deceived."

Non ex regula ius sumatur, sed ex iure quod est regula fiat: “The law should not be taken from a rule, but the content of the rule is formed from the law.” At least this does not apply in civil law , and if there is a law also in common law .

Non liquet: "It is not clear": Describes cases in which the facts have not been clarified even after the evidence has been taken. In civil law, the judgment is made according to the rules of the burden of proof, in criminal law in dubio pro reo applies .

Novatio: "Innovation": Novation , renewal contract.

Novum iudicium: "New trial, new court hearing": appeal , also appellation , d. H. Appeal with renewed factual determination and taking of evidence. The opposite is the revisio prioris instantiae .

Nuda spes: "Naked Hope": Lack of a secured claim.

Nulla est maior probatio quam evidentia rei: "There is no better proof than the appearance."

Nullum crimen, nulla poena sine lege

"No crime, no punishment without law" is the summary of the so-called legality principle by:

Nullum crimen sine lay “No crime without law” and
Nulla poena sine lege "No punishment without law"

Modifications and extensions:

Nulla poena sine lege stricta : “No punishment without strict law”. Describes the prohibition of analogy .
Nulla poena sine culpa : “No punishment without guilt”. Describes the principle of guilt .
Nulla poena sine lege certa : “No punishment without a specific law”. Describes the requirement of certainty .
Nulla poena sine lege praevia : “No punishment without a previous law”. Describes the non-retroactivity .
Nulla poena sine lege scripta : “No punishment without a written law”. Describes the prohibition of punishment according to customary law.

Nulli enim res sua servit: "Nobody serves his own cause." That means: Nobody can order an easement for himself on his property.

Nullo actore nullus iudex: "[No plaintiff, no judge."; Without a plaintiff or prosecutor, the court will not act.

Numerius Negidius: Placeholder for the name of the defendant in the Roman claim form.

O

Obiter dictum: “Incidentally said”: A legal view expressed in passing in a judgment that is not relevant to the judgment itself.

Obligatio est vinculum iuris quo necessitate astringimur: "The obligation is a legal bond through which we are connected (with each other) as necessary": Roman law definition of the obligation .

Offerta ad incertas personas: "Offer to an undetermined, [but definable] group of people".

Omissio libera in causa: "Free omission in the cause"

Omni modo facturus: “Agent under all circumstances”: a perpetrator who, one way or another, intends to commit an act.

Omnis condemnatio pecunaria est: "Every conviction is for money": principle in the Roman civil process.

Onus probandi: " Burden of Proof ".

Opinio iuris: “Legal Conviction”: Conviction that certain behavior is legally binding. In addition to actual practice ( consuetudo ), it is the second prerequisite for the creation of common law .

P

Pacta sunt servanda: “Contracts must be adhered to”: A basic norm of all contract law .

Pacta tertiis nec nocent nec prosunt: “Contracts neither harm nor benefit third parties”: Principle of the prohibited third-party effect of contracts.

Pactum de contrahendo: " Preliminary Contract ".

Pactum de non cedendo: "Contractual ban on assignment": If the contracting parties have agreed on a ban on assignment, no assignment may be made, Section 399 F. 2 BGB.

Pactum de non petendo: "Deferral Agreement".

Pactum reservati dominii: " Retention of Title ".

Pactum successorium: " Contract of inheritance ".

Par conditio creditorum: “Equal situation of creditors”: The principle of equal treatment of creditors in bankruptcy law .

Par in parem non habet imperium: “An equal has no decision-making power among equals”: This principle often clarifies the relationship between equal legal subjects.

Pari passu: "In the same step": Equal.

Patere legem quam ipse fecisti: "Accept the law that you made yourself!" I.e. “Keep the rule that you have imposed on yourself”: Principle especially for public authorities who have to adhere to their own law. Abbreviated as "patere legem".

Peius: “Worse”: concept of contract performance. If someone has delivered the correct but defective item, one speaks of peius . In contrast to an aliud delivery, the contract is deemed to have been (inadequately) fulfilled.

Penitus extranei: “Outside Third Party”, in relation to the contract in favor of a third party .

Per curiam: “In the name of the court”: an anonymous decision-making without a separate vote .

Per relationem: " From hearsay ". Opposition is ex propriis sensibus .

Periculum est emptoris (perfecta emptione): "The risk [of accidental loss of property] is borne by the buyer (in the case of a perfect purchase)".

Perpetuatio fori: “Continuation of the court”: Depending on the procedural law, the court at which an action is brought remains competent even if its jurisdiction ceases to exist at a later date.

Petitorium absorbs possessorium

Pleno iure: “Rightly”: by legal means.

Poena est absoluta from effectu: "Punishment is detached from its effect". The legitimacy of the punishment does not depend on its preventive effect.

Poena est relativa ad effectum: “Punishment is linked to its effect”. The legitimacy of the punishment depends on its preventive effect.

Prae limine: "Before the Threshold [of the Court]": proceedings relating to jurisdiction and partial admissibility

Praedium dominans: "Dominant property".

Praedium serviens: "Serving property".

Preemptio: " Right of first refusal "

Praesumptio iuris et de iure: "Irrefutable presumption ": If a certain situation is present, the law draws a conclusion that cannot be refuted (see also praesumptio iuris tantum ).

Praesumptio iuris tantum: “Refutable presumption”: If a certain situation is present, the law draws a certain conclusion from it, unless the opposite can be proven (see also praesumptio iuris et de iure ).

Praeter legem: "Passing the law". See also contra legem .

Great facie: "At first sight".

Great vista: "At first glance".

Princeps legibus solutus: "The ruler is above the law".

Prior tempore, potior iure: “Earlier in the day, stronger in the law”: corresponds to “ First come, first served ”.

Privilegium de non appellando / Privilegium de non evocando: "Appeal privilege / evocation privilege": court privilege that ends the appeal; historical possibility of certain classes to have their own courts against which no appeal could be made.

Probatio diabolica: “Devilish proof”: A proof that is very difficult or even practically impossible to provide (such as, for example, complete proof of the chain of ownership of a thing).

Pro bono (publico): "For the good (the public)": Term for free legal work.

Pro domo: "For the House". Often used as "on my own behalf".

Pro forma: Just for the sake of form, to suit the form, only for appearance.

Pro futuro: "For the future".

Per herede gestio: Digestae 11.7,14.8; Acceptance of the inheritance through coherent behavior, for example applying for a certificate of inheritance.

Pro rata temporis: "Pro rata time".

Producta sceleris: Designation of the "fruits" produced from a crime.

Prohibente dominoes: "Against the will of the business owner".

Proprio motu: “For my own motive”. Refers to the initiation of investigations by the Prosecution at the International Criminal Court without a referral by a state party or the UN Security Council.

Protestatio facto contraria: "A reservation that contradicts (actual) action". See also venire contra factum proprium .

Q

Quae sit actio?: “What is the claim of the plaintiff?”: Refers to the question of the basis of the claim and thus of the litigation material specified by the complaint, Section 308 (1) sentence 1 ZPO.

Quaestus liberales: " Freelance , free occupation".

Qualities qua: "In the capacity of".

Qui tacet consentire videtur: (a) “He who remains silent seems to agree”: Büchmann and Liebs only have this wording. - Büchmann refers to Sophocles and forerunners; Liebs names "Liber Sextus 5, 13, 43 (Bonifaz VIII.)" And refers to many passages in the Commercial Code of 1897 and in the Civil Code of 1896.
(b) On the negation "Qui tacet consentire non videtur", "Who is silent, seems not to agree ”: Description of a general principle according to which silence cannot replace a declaration of will . An example would be the unsolicited sending of goods. If the recipient does not express an objection, it cannot be concluded that he has accepted the purchase offer. The principle experiences exceptions in the business transactions of merchants and according to the rules of liability for a legal certificate.; There is an exception in civil proceedings insofar as facts brought forward by a party that have not been expressly disputed by the other side are deemed to be admitted, Section 138 (3) ZPO. The opposite principle applies here, Qui tacet consentire videtur .

Quid pro quo: “What for what?”: What is exchanged for what? Useful for the synallagma of a business.

Quod non legitur, non creditur or Quod non est in actis, non est in mundo: “What is not in the files is not in the world”: What has not been presented and therefore has not reached the files will not be taken into account in the judicial decision.

Quod non est licitum lege, necessitas facit licitum: “What is not legally allowed, necessity allows”: paraphrase of the state of emergency. In an emergency, the law can be circumvented.

Quod omnes tangit from omnibus approbari debet: "What concerns everyone must be approved by everyone": Stands for the principle of unanimity .

R.

Ratio decidendi: "Reason for decision" stands for justification (e.g. facts, considerations, etc.) in a court decision that are decisive for the decision. The opposite is the obiter dictum .

Ratio legis: "Sense of the Law".

Rebus sic stantibus: "In unchanged circumstances". See also Clausula rebus sic stantibus .

Reformatio in peius: "Change for the worse": change to the disadvantage.

Rei vindicatio: "Vindication action": The owner can demand that any owner surrender the item by means of a vindication .

Res extra commercium: "Things outside of private law". For example illegal narcotics. The opposite is the res in commercio .

Res habilis: “A thing capable of taking possession ”.

Res inter alios acta: “An affair between others”: Roman legal principle, according to which the actions of others neither entitle nor oblige you.

Res ipsa loquitur

Res iudicata

Res mancipi: See mancipatio .

Res nullius cedit occupanti: "An abandoned property can be appropriated": See appropriation . In the German Civil Code §§ 958–964 for movable property, § 928 II for land.

Res perit domino: "The thing goes under with the owner": The owner bears the risk of the accidental loss of the thing.; The legal principle corresponds to Codex Iustiniani 4.24.9: Pignus in bonis debitoris permanere ideoque ipsi perire in dubium non venit. ("There is no doubt that a pledge remains the property of the debtor and is therefore lost to him.")

Res sacra: "Holy thing".

Mental Reservation: Irrelevant lack of will ( mental reservation ).

Restitutio in integrum: Reinstatement in the previous state .

Revisio prioris instantiae: "Review of the lower court": revision or cassation . The opposite is the novum iudicium .

Roma locuta causa finita: "Rome has spoken, the matter / the case is settled": The decision of the highest authority (meaning the decision of the Pope) becomes final, there is no room for further discussion.

Rubrica legis non est lex: "The heading of the law is not the law".

S.

Scire leges non hoc est verba earum tenere, sed vim ac potestatem: “To know the laws does not mean to adhere to their wording, but to their meaning and purpose” (Fr. Iuventius Celsus).

Sedes materiae: "Seat of the subject" / "Legal body": The documents relevant for the case law in the respective case or the relevant bodies in the legal text, commonly known as "Applicable law".

Se ut dominum gerere: "Acting like the owner": dealing with something as if you were the owner without actually being the owner.

Servitus in faciendo consistere nequit: “An easement cannot consist in doing something”.

Servitus personarum: "Servitude".

Servitus praediorum: " Easement ".

Servitus servitutis non datur: “There is no easement to an easement”.

Si in ea re nihil dolo malo Auli Agerii factum sit neque fiat: "If nothing has happened or is happening in this matter through the malice of the plaintiff": Roman formula of the exceptio doli.

Sine ira et studio: “Without anger and zeal”: Without taking sides (principle of neutrality).
Singularia non sunt extendenda: Special provisions may not be extended

Singuli solidum debent, unum debent omnes: “Individuals owe everything, everyone only owes once”: Principle of joint and several liability (joint and several debt ).

Si non Aulus Agerius fundum, quo de agitur, Numerio Negidio vendidit et tradidit: "If the plaintiff has not sold the property for which the litigation is proceeding to the defendant": Roman formula of the exceptio rei venditae et traditae.

Societas: "Society".

Societas delinquere non potest: “Society cannot delinquate”: Legal persons incapable of tort. See corporate criminal law .

Socii mei socius non est socius meus: "My partner's partner is not my partner": Modification of Res inter alios acta .

Solatium: "Consolation": compensation for pain and suffering, satisfaction.

Solutio indebiti: "Fulfilling a non-guilt".

Solvendi causa: "In fulfillment of an obligation".

Specificatio: " Processing ".

Stante matrimonio: "During the marriage".

Status quo ante

Stipulatio alteri

Subpoena

Subpoena ad testificandum: "Under penalty of testimony": criminal summons of witnesses.

Subpoena duces tecum: “You will carry it with you under penalty”: A charge with criminal charges for the presentation of evidence (analogous to “Bring it with you”); see duces tecum .

Sui generis: "Own kind".

Sui heredes necessarii: "Necessary heirs": heirs with compulsory portion, emergency heirs.

Summum ius summa iniuria.: "The highest right is the highest injustice": Whoever judges only according to the letters of the law or strictly safeguards his right through clever interpretation (callida iuris interpretatione) is doing wrong, taking advantage of or acting unkindly (Cicero, De officiis ).

Superficies

"Surface": heritable building right .

Parties: superficarius ' leaseholder' , dominus soli 'leaseholder'.

Superficies solo cedit

“The superstructure follows the ground”: A house shares the legal fate of its property. Exceptions:

Super certificates (in Austria)
Leasehold
Cellar ownership

Superfluum: “Abundance”: excess income from a pledged item.

Suum cuique: "To each his own": a principle that goes back to antiquity and according to which everyone - in the sense of a paraphrase of general justice - should get what he is really entitled to. Nowadays, however, the saying is better known because the National Socialists placed it (in German) above the entrance gate of the Buchenwald concentration camp in order to mock the imprisoned Jews.

T

Tantum devolutum, quantum appellatum: "Passed on as far as challenged": Describes the devolving effect of legal remedies.

Terra Nullius: "No mans land".

Tertium comparationis: “Comparable third”: Criterion which is used together with the genus proximum to determine the suitable comparison pair in the general principle of equality.

Tertium non datur: “A third is not given”: the principle of the excluded middle standing between two contradictory opposites.

Testis non est iudicare: “The witness does not have to judge”: Conversely, he only has to communicate his perceptions.

Tu quoque

"You too": As

Argumentum ad hominem or as
Outflow of the categorical imperative.

Titulus and modus: "Legal reason / title and type of transmission".

Trium facit collegium: "Three make a college": a Roman college had to consist of at least three people in order to avoid stalemate situations in votes.

Turpis causa: "Immoral purpose".

Tutela

"Prevention, protection": Guardianship .

Parties: tutor 'guardian', pupillus 'ward'.

Tutor in rem suam auctor fieri non potest: "A guardian cannot be authorized on his own behalf"
Tutor rem pupilli emere non potest: “The guardian cannot buy anything from his ward”: fundamental prohibition of self- dealing ( prohibition of self-contracting, cf. § 181 BGB).

Terminus medius non datur: "A norm is valid, if it does not have it, it is not a norm" (analogously; Japanese author).

U

Ubi eadem legis ratio, ibi eadem legis dispositio: Where the reason (the idea) of the law is the same, the arrangement of the law is also the same ( conclusion by analogy - common law )

Ubi iudex, ibi ius: “Where there is a judge, there is a judgment”.

Ubi iudicat, qui accusat, vis, non lex valet.: "Where the prosecutor judges at the same time, violence, not the law."; Compare § 22 StPO today!

Ubi ius, ibi remedium: "Where there is justice, there is a remedy".

Ubi societas ibi ius: "Where there is society, there is law" (quoted from Hugo Grotius ). - "Where there is a society, there is a law"

Ultima ratio: "Last (ultimate) solution".

Ultra posse nemo obligatory: “Nobody is obliged beyond their abilities”. You are not obliged to do more than you can objectively and subjectively do. Someone who has done his best cannot be blamed for the inadequate result (in the professional field, civil liability can still exist).

Ultra vires nemo obligatory: See Ultra posse nemo obligatory

Uno contextu: "Without interruption".

Usus facti: "Right of use"

Uti possidetis: “As you have”: Principle of rigid borders in international law .

V

Venire contra factum proprium: “Opposition to one's own action”: Prohibition to contradict one's previous actions.

Venditio rei speratae: “Sale of a hoped-for thing”: Purchase contract for a future thing for which the purchase price is only to be paid if the hoped-for thing is actually created. See also: emptio rei speratae .

Venditio spei: "Hope sale": Purchase contract for a future thing with the chance of a possible profit. The buyer has to pay the purchase price even if the hope of profit is not fulfilled. See also: emptio spei .

Versari in re illicita: "Anyone who goes into forbidden territory will be charged with all the consequences that result from their illegal actions": principle of criminal liability, which is alien to modern criminal criminal law .

Via executoria

Via juris: “By judicial process”: dealing with a matter through the courts, court hearing, as opposed to self-help.

Vis absoluta: "Will-breaking violence": For example, shackling a person.

Vis compulsiva: “Violence of will”: For example, forcing an action through the infliction of pain.

Vis cui resisti non potest: “A violence that cannot be resisted”. For example natural disasters ( force majeure )

Vis maior: "Force majeure": inevitable, unpredictable and damaging event that has an external effect.

Vitia, quae ex ipsa re oriuntur: "Defects that appear in the matter itself". Roman law rule of risk transfer for rental and lease contracts

Vitium in contrahendo: "Deficiency in the conclusion of a contract".

Volenti non fit iniuria: “No wrong is done to the consenting party”: The principle states that the consent of the injured party in criminal law removes the unlawfulness of the offense and thus unlawful behavior.

swell

^ Dieter Leipold , Inheritance Law, 18th edition, Freiburg 2010 , Rn. 385.
↑ Fritzsche, Jörg: Cases for the Law of Obligations I - Contractual Obligations , 8th edition, Munich 2019, p. 82.
↑ Wolfgang Löwer : Cessante ratione legis cessat ipsa lex. Change of a common law interpretation rule to the constitutional requirement? (= Series of publications of the Legal Society of Berlin. Volume 112). De Gruyter, Berlin, New York, 1989, ISBN 3-11-012125-5 .
^ Sören A. Croll: Subrogation , in: Jura Online, accessed on April 21, 2020.
↑ Huguenin, Claire: Code of Obligations, General and Special Part . Schulthess, 2014, ISBN 978-3-7255-7056-0 .
^ Sören A. Croll: Debtor's Default, § 286 BGB (requirements) , in: Jura Online, accessed on April 20, 2020.
↑ Christoph Degenhart, Staatsrecht I: Staatsorganisationsrecht , Rn. 437.
↑ Rules of Arbitration. (PDF) (No longer available online.) International Chamber of Commerce, January 1, 1998, archived from the original on July 6, 2010 ; Retrieved January 10, 2010 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2
^ ^A ^b Sören A. Croll: Freedom of Faith, Art. 4 I, II GG , in: Jura Online, accessed on April 5, 2020.
↑ Art. 9 Para. 3 GestG. The federal authorities of the Swiss Confederation, accessed on January 9, 2010 .
^ In contumaciam , in: Duden Online, accessed on June 10, 2020.
↑ D. Rochtus: Belgium: Federation with predetermined breaking points . In: R. Sturm, J. Dieringer (Ed.): Regional Governance in EU States . Barbara Budrich Verlag, Opladen and Farmington Hills, MI 2010, p. 74.
↑ Litiskontestation . In: Former Academy of Sciences of the GDR, Heidelberg Academy of Sciences (Hrsg.): German legal dictionary . tape 8 , issue 9/10 (edited by Heino Speer and others). Hermann Böhlaus successor, Weimar 1991, ISBN 3-7400-0137-2 , Sp. 1348 ( adw.uni-heidelberg.de ).
↑ namely through the summoning of the witnesses; see. Gaius, institutiones 3,180
↑ Ernst, Christian / Kämmerer, Jörn Axel: Cases on General Administrative Law, 3rd edition, Munich 2016, p. 167 a. E.
↑ see: Jochen Rauber: Structural change as a change of principles . Springer-Verlag, 2017, p. 709 .
↑ Bernd von Hoffmann / Karsten Thorn: Internationales Privatrecht , 3rd edition 2007, § 2 Rn. 12.
^ Jan Kropholler: Internationales Privatrecht , 6th edition 2006 (preview at Google Books) , § 54 I.
↑ Bernd von Hoffmann / Karsten Thorn: Internationales Privatrecht , 3rd edition 2007, § 12 Rn. 12.
↑ Legal assistance and the rule of law - A contribution to overcoming the legal conflict between the USA and Germany Website of the Max Planck Society - Law - Research Report 2008 - Max Planck Institute for Comparative and International Private Law. Retrieved March 7, 2017.
↑ nemo tenetur se ipsum accusare Rechtslexikon.net. Retrieved March 7, 2017.
↑ ^a ^b ^c ^d Kudlich, Hans: Cases on criminal law, general part, 3rd edition, Munich 2018, p. 34.
^ Sören A. Croll: Assignment, §§ 398 ff.BGB , in: Jura Online, accessed on April 21, 2020.
^ Winged words, collected and explained by Georg Büchmann , 35th edition, Frankfurt am Main a. a. no year (Copyright 1981): Ullstein, ISBN 355007686X , p. 300
↑ Detlef Liebs [Ed.]: Latin legal rules and legal proverbs, Munich: Beck ²1982, ISBN 3406087027 , p. 176
↑ Hoven, Elisa / Kubiciel, Michael: Korrpution: Ende der Schonzeit , Zeit Online , June 17, 2018, accessed on April 16, 2019.
^ Sören A. Croll: (Enforcement) Consequences Removal Claim , in: Jura Online, accessed on April 23, 2020.
^ ^A ^b Sören A. Croll: Problem - number of meeting participants , in: Jura Online, accessed on April 9, 2020.
↑ Publilius Syrus , Sententiae U 30
↑ Kudlich, Hans: Cases on criminal law, general part, 3rd edition, Munich 2018, p. 115 a. E.
↑ Kudlich, Hans: Cases on criminal law, general part, 3rd edition, Munich 2018, p. 3.

literature

Klaus Adomeit, Susanne Hähnchen: Latin for law students: an introduction to legal Latin . 6th edition, CH Beck, Munich 2015.
Nikolaus Benke, Franz-Stefan Meissel: Legal Latin. 2,800 Latin technical terms and expressions of the legal language translated and explained. 3rd edition, MANZ'sche, Vienna 2009, ISBN 978-3-214-09698-4 .
Jochen Bruss: Latin legal terms . 2nd Edition. Haufe Publishing Group, Freiburg 1999.
Johanna Filip-Fröschl, Peter Mader: Latin in the legal language. A study book and reference work . 2nd Edition. Braumüller, Vienna 1993.
Rolf Lieberwirth: Latin in Law . 5th edition, Huss Verlag, Munich 2007, ISBN 978-3-349-01113-5 .
Detlef Liebs: Latin legal rules and legal proverbs . 6th edition. Beck, Munich 1998.

Web links

Latin legal rules and terms ( Memento of March 8, 2007 in the Internet Archive ), Jurawelt.com
Legal Latin (PDF; juratexte.de ) - A selection of frequently quoted Latin legal phrases.

[1] Dieter Leipold , Inheritance Law, 18th edition, Freiburg 2010 , Rn. 385.

[2] Fritzsche, Jörg: Cases for the Law of Obligations I - Contractual Obligations , 8th edition, Munich 2019, p. 82.

[3] Wolfgang Löwer : Cessante ratione legis cessat ipsa lex. Change of a common law interpretation rule to the constitutional requirement? (= Series of publications of the Legal Society of Berlin. Volume 112). De Gruyter, Berlin, New York, 1989, ISBN 3-11-012125-5 .

[4] Sören A. Croll: Subrogation , in: Jura Online, accessed on April 21, 2020.

[5] Huguenin, Claire: Code of Obligations, General and Special Part . Schulthess, 2014, ISBN 978-3-7255-7056-0 .

[6] Sören A. Croll: Debtor's Default, § 286 BGB (requirements) , in: Jura Online, accessed on April 20, 2020.

[7] Christoph Degenhart, Staatsrecht I: Staatsorganisationsrecht , Rn. 437.

[8] Rules of Arbitration. (PDF) (No longer available online.) International Chamber of Commerce, January 1, 1998, archived from the original on July 6, 2010 ; Retrieved January 10, 2010 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2

[Jura_Online-9] A ^b Sören A. Croll: Freedom of Faith, Art. 4 I, II GG , in: Jura Online, accessed on April 5, 2020.

[10] Art. 9 Para. 3 GestG. The federal authorities of the Swiss Confederation, accessed on January 9, 2010 .

[11] In contumaciam , in: Duden Online, accessed on June 10, 2020.

[12] D. Rochtus: Belgium: Federation with predetermined breaking points . In: R. Sturm, J. Dieringer (Ed.): Regional Governance in EU States . Barbara Budrich Verlag, Opladen and Farmington Hills, MI 2010, p. 74.

[13] Litiskontestation . In: Former Academy of Sciences of the GDR, Heidelberg Academy of Sciences (Hrsg.): German legal dictionary . tape 8 , issue 9/10 (edited by Heino Speer and others). Hermann Böhlaus successor, Weimar 1991, ISBN 3-7400-0137-2 , Sp. 1348 ( adw.uni-heidelberg.de ).

[14] y through the summoning of the witnesses; see. Gaius, institutiones 3,180

[15] Ernst, Christian / Kämmerer, Jörn Axel: Cases on General Administrative Law, 3rd edition, Munich 2016, p. 167 a. E.

[16] see: Jochen Rauber: Structural change as a change of principles . Springer-Verlag, 2017, p. 709 .

[17] Bernd von Hoffmann / Karsten Thorn: Internationales Privatrecht , 3rd edition 2007, § 2 Rn. 12.

[18] Jan Kropholler: Internationales Privatrecht , 6th edition 2006 (preview at Google Books) , § 54 I.

[19] Bernd von Hoffmann / Karsten Thorn: Internationales Privatrecht , 3rd edition 2007, § 12 Rn. 12.

[20] Legal assistance and the rule of law - A contribution to overcoming the legal conflict between the USA and Germany Website of the Max Planck Society - Law - Research Report 2008 - Max Planck Institute for Comparative and International Private Law. Retrieved March 7, 2017.

[21] nemo tenetur se ipsum accusare Rechtslexikon.net. Retrieved March 7, 2017.

[Kudlich-22] Kudlich, Hans: Cases on criminal law, general part, 3rd edition, Munich 2018, p. 34.

[23] Sören A. Croll: Assignment, §§ 398 ff.BGB , in: Jura Online, accessed on April 21, 2020.

[24] Winged words, collected and explained by Georg Büchmann , 35th edition, Frankfurt am Main a. a. no year (Copyright 1981): Ullstein, ISBN 355007686X , p. 300

[25] Detlef Liebs [Ed.]: Latin legal rules and legal proverbs, Munich: Beck ²1982, ISBN 3406087027 , p. 176

[Hoven_Kubiciel_Zeit-26] Hoven, Elisa / Kubiciel, Michael: Korrpution: Ende der Schonzeit , Zeit Online , June 17, 2018, accessed on April 16, 2019.

[27] Sören A. Croll: (Enforcement) Consequences Removal Claim , in: Jura Online, accessed on April 23, 2020.

[Sören-28] A ^b Sören A. Croll: Problem - number of meeting participants , in: Jura Online, accessed on April 9, 2020.

[29] Publilius Syrus , Sententiae U 30

[30] Kudlich, Hans: Cases on criminal law, general part, 3rd edition, Munich 2018, p. 115 a. E.

[31] Kudlich, Hans: Cases on criminal law, general part, 3rd edition, Munich 2018, p. 3.

Latin in law

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See also

swell

literature

Web links