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.
- animo et factoby intention and by act
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
#property#civil - 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 - 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 - domicilium citandi et executandidomicile for citing and executing
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
#contract#procedure#civil - ex legefrom the law; by operation of law
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
#contract#property#civil - justa causajust cause; lawful or sufficient reason
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
#civil#property#procedure - lex domiciliilaw of the domicile
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
#persons#property#civil - locus standi in iudicioplace of standing in court
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
#procedure#constitutional#civil - Prima facieat first face; on first appearance
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
#procedure#evidence#civil - quatenus locupletior factus estto the extent that he or she has been made richer
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
#civil#contract - restitutio in integrumrestoration to the original condition
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
#civil#procedure#contract - situsposition; site; location
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
#property#civil