Latin Legal Terms

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

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 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

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

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

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

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

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

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