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 - 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 - bonis interdictuminterdict concerning goods/property
In Roman-Dutch and South African legal usage, bonis interdictum refers to an interdiction against a person's estate or property, historically restricting that person from administering or dealing with their assets. It is
#property#persons - 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 - 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 - nasciturus fictionthe fiction concerning one who is to be born
The nasciturus fiction is the rule that an unborn child is deemed already born whenever this benefits the child, provided the child is later born alive. In South African law it is used chiefly in succession and benefits
#persons#property#delict - 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 - 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