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.
- actus legitimuslawful act
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
#contract#procedure#property - 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 - 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 - dishonestly or unfairly(not Latin)
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
#criminal-law#contract#disputes - 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