Latin Legal Terms

Actio iniuriarum is a Roman-law action received into South African law to protect personality interests, especially dignity, reputation, and bodily integrity against intentional infringement. In modern South African law

This phrase refers to a legal principle where, in exceptional cases, an action can be brought forth by someone other than the direct party, with the permission and for the benefit of the actual claimant. It is rooted in

Actus legitimus refers to a formal legal act that the law recognises as valid in itself and that traditionally cannot be made subject to a condition or term. In South African private-law and procedural writing, the phras

Actus reus refers to the external, physical element of an offence: the prohibited conduct, together with any required circumstance or consequence defined by the crime. In South African criminal law, liability generally r

This phrase indicates that a legal consequence is established through both a mental element and an outward act. In South African law it is commonly used where intention must be accompanied by conduct showing implementati

Animus manendi denotes the intention to remain in a place and is used in South African law primarily when determining domicile or ordinary residence. It refers to the mental element that, together with physical presence,

This phrase is used to describe the legal principle where a husband’s financial support or maintenance obligations towards his wife, which stems from matrimonial and family law principles. Such terms often reflect histor

The principle of acting in good faith, which is a requirement that a party must act honestly and in the absence of fraud. It often refers to financial transactions where one party has acted without any fraudulent intent.

Boni mores denotes the legal convictions of the community and functions as a normative standard in South African law. It is used especially in delict and contract to assess wrongfulness, public policy, and whether conduc

In Roman-Dutch and South African legal usage, bonis interdictum refers to an interdiction against a person's estate or property, historically restricting that person from administering or dealing with their assets. It is

This phrase denotes a person who lacks soundness of mind or sufficient mental capacity. In South African legal usage it appears in older authorities and procedural contexts concerning a person’s capacity to litigate, con

This phrase denotes the totality of the marital consortium: the shared life, society, companionship, affection, and reciprocal support that arise from marriage. In South African law it is most often used in family-law an

In South African law, contumelia refers to the injury to a person's dignity, self-respect, or reputation caused by an insulting or humiliating wrongful act. It is a recognised form of non-patrimonial harm in the law of d

In South African criminal law, culpa incapax refers to the rebuttable presumption that a child of a certain age lacks criminal capacity and cannot be held criminally responsible unless the State proves capacity. The conc

A curator ad litem is a person appointed by a court to represent and protect the interests of a minor, unborn person, or someone under a legal disability in specific litigation. In South African law, the appointment is p

A curator bonis is a person appointed by a court to administer and safeguard the property or financial affairs of another person who is unable to do so, such as a person lacking capacity or otherwise under legal disabili

A curator personae is a person appointed by a court to care for and make decisions concerning another person's personal welfare, as distinct from managing that person's property. In South African law, the appointment is

This term denotes an address chosen by a party in a contract or legal instrument as the place where legal notices, court process, and other communications may validly be served. In South African law, service at the chose

An error occurring during a business negotiation or commercial dealings, which may result in misunderstandings or discrepancies in the final agreement. In South African law, this term is used to describe instances where

This phrase is not a Latin legal term.

Ex lege denotes that a right, obligation, status, or consequence arises directly from the law itself rather than from agreement, judicial discretion, or a separate act of the parties. In South African law, the phrase is

A legal proceeding or decision made by a court or judge on one side only, without full disclosure to the other party. This term is commonly used in South African law when referring to a hearing where one party presents t

In South African legal usage, a factum commonly refers to a written statement of a party’s argument, especially in appellate practice, where heads of argument or a factum are filed to set out the legal and factual basis

A phrase from South African law where ‘inter alia’ refers to a selection and/or modification of other provisions or matters without altering the legislative intent or purpose of the law, as in (for example):

In South African legal usage, iusta causa refers to a legally sufficient reason or proper ground for an act, claim, or legal consequence. It commonly appears in discussions of enrichment, possession, and transfer, where

Lex domicilii refers to the law of the place where a person is domiciled. In South African private international law, it is used as a connecting factor, especially in questions concerning personal status, capacity, and c

This term refers to a party's legal standing or capacity to bring proceedings or appear before a court. In South African law, it concerns whether a litigant has a sufficient and direct interest in the relief sought, alth

Mala fide, which translates as 'dishonestly or unfairly' in English, refers to a party's intention or behavior that is not in good faith. In the context of South African law, this term is often used in contract law and d

Mens rea refers to the fault element of an offence: the accused’s state of mind when committing the prohibited act. In South African criminal law, liability generally requires both unlawful conduct and fault, usually in

In Roman law, *metus* refers to the concept of fear or intimidation, which is a procedural and not a substantive right. The expression **is used with the kind permission** of the South African Law Society, Cape Town.

The nasciturus fiction is the rule that an unborn child is deemed already born whenever this benefits the child, provided the child is later born alive. In South African law it is used chiefly in succession and benefits

Negotiorum gestio is a legal doctrine in South African law where an individual is entrusted with the management and administration of another person’s affairs. It applies when someone misuses their position or authority

This phrase is not a Latin legal term.

This maxim expresses the common-law presumption that a child born within a valid marriage is presumed to be the child of the husband. In South African law, it has historically been relevant in questions of legitimacy, pa

In South African law, prima facie refers to evidence or a case that is sufficient on its face to establish a fact or support a claim unless it is rebutted. It does not mean conclusive proof, but rather a threshold showin

This phrase expresses the limit of liability in enrichment law: a defendant is liable only to the extent of the enrichment actually retained. In South African law it is used to qualify enrichment claims so that recovery

In South African law, 'ratio decidendi' refers to the rationale or reasoning behind a court's decision in a case. It serves as a foundational principle upon which subsequent cases are decided. [1] This concept is crucial

Restitutio in integrum refers to the restoration of a person to the position they occupied before a prejudicial act, judgment, or procedural default occurred. In South African law, the term appears both in substantive pr

In South African law, situs refers to the location of property or a thing for legal purposes. It is commonly used in private international law, property law, and jurisdictional questions to determine which court has auth

In South African law, solatium refers to monetary compensation awarded for non-patrimonial harm, especially injured feelings, pain, suffering, or loss of amenities of life. The term is commonly encountered in delict and

Sponsalitia largitas refers to a situation where marriage involves the exchange of substantial financial gifts or dowries, typically between parties who are about to marry but may not have concluded their plans into matr

Stuprum is a Roman-law term referring to unlawful or disgraceful sexual intercourse, historically used to denote illicit sexual conduct falling short of rape but still recognised as an injury or wrong. In South African l

Sui generis describes something that is legally unique and does not fit neatly within established categories. In South African law, the expression is often used to characterise institutions, rights, or statutory arrangem

This phrase is not a Latin legal term.