Latin Legal Terms
Definitions and South-African-law usage notes for the Latin terms judges, lawyers, and textbooks routinely cite. Free, indexed, and updated as new terms are curated from our source library.
- captus menteof unsound mind; mentally impaired
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
#persons#procedure#civil - consortium omnis vitaepartnership of the whole of life
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
#persons#delict#constitutional - contumeliainsult; affront; humiliation
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
#delict#persons - culpa incapaxincapable of fault
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
#criminal-law#persons - curator ad litemguardian for the lawsuit
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
#procedure#persons#civil - curator boniscaretaker of the goods/property
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
#persons#property#procedure - curator personaeguardian/curator of the person
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
#persons#procedure