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.
- arrhae sponsalitiaeThese payments are not in Latin but are related to the contractual obligations of a husband to his wife.
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
#family-law#constitutional#civil-law - boni moresgood morals; good customs
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
#contract#delict#constitutional - 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 - error-in-persona(not Latin)
This phrase is not a Latin legal term.
#civil-law#constitutional#procedure - 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 - metusless than
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.
#legal#procedural#constitutional - Ratio Decidendireason for deciding
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
#constitutional#evidentiary#judicial - solatiumconsolation; solace
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
#delict#constitutional#persons - sui generisof its own kind; unique in its class
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
#constitutional#procedure#property