Latin Terms in Civil Law

Latin terms play a fundamental role in civil law, reflecting its deep roots in Roman legal tradition. These terms provide clarity, continuity, and precision, ensuring that key doctrines are universally understood across different legal systems that trace their origins to Roman law.

accessio (something added): Literally meaning "an addition" or "an increase," accessio in legal terms refers to a mode of acquiring property where something is added to existing property through labor or other goods, without the original property losing its identity. This is used to distinguish it from commixtio (commingling) and specificatio (specification).

accidentalia negotii (business incidentals): Literally translating to "incidental matters of business," these are ancillary terms and conditions in a contract that are purely voluntary and not essential to the contract's core purpose. They are express contractual terms that the parties specifically agree upon, unlike essentialia negotii (core terms) and naturalia negotii (implied terms).

actus iuridicus (legal act): Meaning "lawful act," this term has different nuances depending on the legal system. In French-law-based systems, it specifically refers to sources of subjective law that are human-made and voluntary, contrasting with factum iuridicum. In German-law-based systems, it has a broader scope, encompassing all sources of subjective law, regardless of whether they are human-made or voluntary.

ad quantitatem (by the quantity): Literally meaning "according to the quantity," this term describes a sale where the price is determined by the specific amount or measure of the goods, such as "100 carp" or "10,000 lbs. of sugar." This is in contrast to a sale per aversionem, where a lump sum is paid for the goods regardless of the exact quantity.

aditio hereditatis (hereditary approach): Translating to "entry into the inheritance," this refers to the act of an heir or will beneficiary formally accepting the inheritance, which leads to the vesting of the inheritance in them. This follows the delatio hereditatis, which is the falling open of the succession.

aliquid novi (something new): Literally meaning "something new," this term describes the new element or aspect that is introduced in a novation, which is the substitution of an existing obligation with a new one. This new element distinguishes the new obligation from the idem debitum, the part of the obligation that remains the same.

casum sentit dominus (accident is felt by the owner): This Latin phrase literally means "the owner feels the accident." It embodies the principle that the owner of property bears the risk of accidental damage or loss to that property.

casus fortuitus (fortuitous event): Meaning "chance event," this refers to a type of force majeure that arises from a human-made but inevitable accident, such as riots, strikes, or civil war. It describes an event that is beyond reasonable control but originates from human actions, contrasting with vis maior, which typically refers to natural disasters.

cautio de restituendo (guarantee to reinstate): Literally "security concerning restitution," this is a security or guarantee that heirs may be required to provide when an absent person's estate is divided among them, particularly relevant in insurance law. It ensures that if the absent person returns, the distributed assets can be recovered.

cessio (yielding): Meaning "a giving up" or "transfer," cessio refers to the assignment or transfer of rights or benefits from one party (the cedens) to another (the cessionarius), often involving a third-party obligor (debitor cessus). It can take various forms, such as cessio in anticipando (assignment of a future right) or cessio in securitatem debiti (assignment as security for a debt).

collatio bonorum (bringing together of goods): Literally "a bringing together of goods," this term, also known as hotchpot or collatio inter liberos (Scots law), refers to the process of bringing together assets that were advanced to heirs during the deceased's lifetime for the purpose of fair distribution of the remaining estate.

commixtio (commingling): Meaning "a mixing together," this describes a mode of acquisition where fungible solid or liquid goods belonging to different owners are mixed in such a way that they can no longer be separately identified, forming a new entity owned in co-ownership by the original owners. This is distinct from accessio and specificatio.

commodatum (accommodation): Literally "a loan," commodatum specifically refers to a loan for use, where non-perishable or non-consumable movable property is bailed to a borrower (commodatarius) by a lender (commodans) to be used and returned without payment.

communio bonorum (community of goods): Meaning "community of goods," this term describes the aggregate of marital property under a community property matrimonial regime, where assets acquired during the marriage are jointly owned.

compensatio (balancing of accounts): Literally "a balancing" or "compensation," this refers to set-off, where mutual debts between two parties are balanced against each other. A type of this is compensatio lucri cum damno, the set-off of profit and loss.

compensatio morae (balance of delay): Meaning "compensation for delay," this refers to a situation where both the debtor and the creditor are in delay with their respective obligations in a contract.

confusio (melting together): Literally "a mixing" or "merging," confusio describes the merger of counterparty rights in the same person, such as when a debtor becomes the creditor, thereby extinguishing the obligation or right.

conjunctissimus (the most joined): Meaning "most closely connected," this term refers to the next-of-kin, the closest relatives of a deceased person.

contra bonos mores (against good morals): This phrase literally means "against good customs" or "against good morals." Contracts that are deemed to be against prevailing moral standards are generally considered illegal and unenforceable.

culpa (guilt): Meaning "fault" or "blame," culpa in legal terms refers to unintentional negligence in tort law. It exists in varying degrees, including culpa lata (gross negligence), culpa levis (ordinary negligence), and culpa levissima (slight negligence).

cum beneficio inventarii (under benefit of inventory): Literally "with the benefit of inventory," this describes a situation where an heir accepts an inheritance after having an appraisal and inventory of the estate drawn up. This limits their liability for the deceased's debts to the value of the inherited assets.

cum onere (with burdens): Meaning "with a burden" or "encumbered," this term, particularly used in Louisiana law, describes property that is alienated with encumbrances that run with the land.

cura (guardianship): Meaning "care" or "charge," cura refers to curatorship, a form of legal guardianship where the ward (curandus) is considered totally and permanently incapable, requiring a guardian (curator). This contrasts with tutela, where the ward has only partial or temporary incapacity.

curator (guardian): Meaning "one who cares for," a curator is a guardian appointed under a curatorship (cura). Different types exist, such as curator ad litem (guardian for a lawsuit), curator bonis (guardian of property), and curator personae (guardian of the person).

damnum emergens (emergent loss): Literally "emerging damage," this refers to the actual loss that is directly incurred as a result of a contractual breach.

damnum et interesse (damage and interests): Meaning "loss and interest," this term refers to tortious damages, the compensation awarded in tort cases to cover the harm suffered.

data certa (certain date): Literally "fixed date," this refers to the fixed effective date of a contract, which cannot be ante-dated or post-dated, providing certainty as to when the contract became legally binding.

datio in solutum (giving in payment): Meaning "giving in payment," this is a form of accord and satisfaction where a debtor transfers or assigns property to the creditor in lieu of a monetary payment, essentially fulfilling the obligation with an in-kind transfer.

de cujus ((s)he for whom...): This is a shortened form of "de cujus successione agitur", meaning "concerning whose succession it is," and refers to the deceased person or decedent whose estate is being administered.

delatio hereditatis (hereditary transferral): Literally "a carrying over of the inheritance," this refers to the falling open of succession, the point at which the inheritance becomes available to be accepted by the heir, leading to aditio hereditatis.

domicilium citandi et executandi (domicile for summoning and carrying out): Meaning "place of residence for summoning and executing," this refers to an address designated for the service of legal notices or for carrying out legal proceedings, often specified in contracts.

dominium plurium in solidum (plural, joint and several ownership): Literally "ownership of several in the whole," this describes joint tenancy, where multiple owners have undivided ownership of the entire property, and each is liable for the whole debt.

dominium pro parte pro indiviso (unpartitioned and undivided ownership): Meaning "ownership for a part for the undivided," this refers to tenancy in common, where multiple owners hold separate shares of the property, but the property itself is not physically divided. Various types exist, such as communio pro indiviso (unilaterally partitionable) and communio voluntaria (arising by agreement).

dominus litis (master of the case): Literally "master of the lawsuit," this term refers to the litigant or client in a lawsuit, who has ultimate control over the case, as opposed to their lawyer.

error in iudicando (error in judgment (in court)): Meaning "error in judging," this refers to an error of fact and reasoning made by a court in reaching its judgment, as opposed to error in procedendo, which is an error in the legal procedure.

error in procedendo (procedural error (in court)): Literally "error in proceeding," this refers to an error on a point of law or procedure during the course of legal proceedings, as opposed to error in iudicando, which relates to the substance of the judgment.

essentialia negotii (business essentials): Meaning "essential matters of business," these are the express or implied contractual terms that are required either by law or by the very nature of the contract's subject matter. They are fundamental to the existence and validity of the contract, unlike accidentialia negotii and naturalia negotii.

ex intervalo temporis (not all at once, in parts): Literally "from an interval of time," this describes something that occurs in parts or not simultaneously, as opposed to uno contextu, which means all at once.

ex propriis sensibus (with one's own senses): Meaning "from one's own senses," this term is used to describe firsthand testimony, where a witness testifies based on their own direct sensory experience, as opposed to per relationem (hearsay).

factum iuridicum (legal fact): Meaning "lawful fact," in French-law-based systems, this refers to sources of subjective law that are either not human-made or are human-made but involuntary, contrasting with actus iuridicus, which involves voluntary human action.

falsus procurator (fake agent): Literally "false representative," this term refers to someone who acts as an agent without having the proper authority to do so, also known as an agent de son tort or officious agent.

fideicommissum (trusting to (a person's) good faith): Meaning "something entrusted," this refers to a testamentary trust where a will beneficiary (fiduciarius) is instructed to transfer the inherited property to a third party (fideicommissarius). The testator (fideicommittens) creates this trust, which can be simplex (single beneficiary) or multiplex (succession of beneficiaries), among other types.

fideiussio (suretyship): Meaning "guarantee" or "security," this term refers to suretyship, a contractual agreement where one person (the surety) agrees to be liable for the debt or obligation of another person (the principal debtor).

fructus industriales (industrial fruits): Literally "industrial fruits," also known as emblements, these are crops or other products that are produced through cultivation and labor. In property law, a co-owner profiting from these is typically solely responsible for any associated losses. This contrasts with fructus naturales.

fructus naturales (natural fruits): Meaning "natural fruits," these are the natural produce of land, such as vegetation growing naturally or fruits from trees, without significant human cultivation. This contrasts with fructus industriales.

hereditas iacens (lying inheritance): Literally "lying inheritance," this refers to the estate of inheritance during the period after the death of the testator but before it is accepted by the heirs.

heres (heir): Meaning "heir," this is a person who is entitled to inherit property from a deceased person. Different types exist, such as heredes proximi (closest heirs) and sui heredes necessarii (forced heirs).

hypotheca (Mortgage): This term directly translates to "mortgage" or "pledge" on immovable property. It's a non-possessory security interest used in civil law systems.

idem debitum (same debt): Literally "the same debt," this refers to the element or aspect of an obligation that remains unchanged when a novation occurs, distinguishing it from the aliquid novi, the new element introduced.

in casu (in the case): Meaning "in the case," this phrase is used to refer to the specific matter currently being discussed or before the court.

in solidum (for the whole): Literally "for the whole," this means jointly and severally. When multiple parties are liable in solidum, any one of them can be sued for the entire amount of the debt.

inaedificatio (building): Meaning "a building in" or "construction," this refers to the attachment of movable property to land, which constitutes accession by building and typically results in the movable property becoming part of the immovable property.

inaudita altera parte (without hearing the other party): Literally "the other party not having been heard," this is the equivalent of the common law term ex parte, referring to a legal proceeding or motion where only one party is present or heard.

incapax (incapable): Meaning "not capable," this Scots law term refers to a person who lacks legal capacity, whether due to mental incapacity, legal disability, or other reasons.

indignus (heres) (unworthy heir): Literally "unworthy heir," this refers to an heir or beneficiary who is legally precluded from inheriting because their conduct is deemed unworthy of receiving the deceased's estate.

infans (infant): Meaning "infant" or "child," in Roman-Dutch law, this specifically refers to a child of 7 years or younger who has very limited legal capacity.

invecta et illata (brought in and carried out): Literally "things brought in and carried out," this refers to a tenant's personal belongings that are brought onto the leased premises for their temporary use.

iudex ad quem (Appellate court or court of last resort): Meaning "judge to whom," this refers to the court to which an appeal is taken, the higher court reviewing the decision of a lower court (iudex a quo).

iudex a quo (Lower court from which an appeal originates): Meaning "judge from whom," this refers to the lower court whose decision is being appealed to a higher court (iudex ad quem).

iura novit curia (the court knows the law): Literally "the court knows the law," this is a fundamental principle that the parties in a legal dispute do not need to plead or prove the applicable law, as the court is presumed to know it.

ius accrescendi (right of accrual): Literally "right of increasing," in civil law, this refers to the right of a will beneficiary to inherit a proportionate share of a testamentary gift that another beneficiary cannot or does not wish to take.

ius commune (common law): Meaning "common law," this term does not refer to the English common law system but rather to the common doctrine and principles of civil law that formed the basis of medieval Roman law and underlie various aspects of civilian legal systems.

ius persequendi (right of following): Literally "right of pursuing," this is the creditor's right to pursue a debt that is attached to property, even if the property is transferred to a bona fide purchaser.

ius praeferendi (right of preferring): Literally "right of preferring," this refers to a priority right or preferential right that allows a creditor to rank higher than others in the distribution of assets.

ius quaesitum tertio (right to third-party relief): Meaning "right acquired by a third party," this refers to the right of a third-party beneficiary to sue to enforce a contract made between two other parties, representing an exception to the principle of privity of contract.

ius retentionis (right of retaining): Literally "right of retaining," this refers to a lien, a possessory right to hold onto someone else's property until a debt or obligation is fulfilled.

ius variandi (right of varying): Literally "right of varying," this refers to the freedom to choose among different available legal actions when concurrent actions exist, such as pursuing a claim in tort or contract.

laesio enormis (unusual injury): Literally "enormous injury," also known as lesion, this refers to an excessive loss or injury that can be grounds for setting aside a contract, often defined as a loss exceeding half the value of the transaction (laesio ultra dimidium).

lex commissoria (cancelling law): Literally "commissory law," this refers to a forfeiture clause in a contract, particularly one stating that a pledge will be forfeited upon loan default or that payments made on a sale contract will be forfeited and the sale rescinded upon payment default.

liberandi causa (liberating cause): Literally "cause of liberation," this phrase is used in the context of "prescription liberandi causa", which is liberative or extinctive prescription, the civil law equivalent of a statutory limitation period that extinguishes an obligation over time.

locatio conductio (leasing (and) hiring): Meaning "letting and hiring," this is a broad term encompassing various types of contracts involving the provision of something for a price. Types include locatio conductio operarum (employment/servitude), locatio conductio operis (hire of services), and locatio conductio rei (rental of property).

lucrum cessans (ceasing profit): Literally "profit ceasing," this refers to prospective damages or the loss of profits that a party would have earned in the future if not for a contractual breach.

mandatum (mandate): Meaning "command" or "instruction," this is a bilateral agreement where a principal (mandator) grants authority to an agent (mandatarius) for direct representation. This differs from procuratio, which is a unilateral grant of indirect representation.

monstrum (monster): Literally "monster," this term refers to a child born with severe deformities.

mora accipiendi (delay of the one receiving): Literally "delay of the one receiving," also known as mora creditoris, this refers to a delay in payment or performance on the part of the creditor or obligor.

mora solvendi (delay of the one paying): Literally "delay of the one paying," also known as mora debitoris, this refers to a delay in payment or performance on the part of the debtor or obligee. It can be ex re (delay in giving a thing) or ex personae (delay in personal service).

mutuum (loan): Literally "loan," this specifically refers to a loan for consumption, where fungible movable property is bailed by a lender (mutuum dans or mutuans) to a borrower (mutuum accipiens or mutuarius) to be returned in kind with the same quantity and quality.

naturalia negotii (business naturals): Meaning "natural matters of business," these are express or implied contractual terms that are inherent to the nature of the contract's subject matter and are usually assumed unless explicitly excluded. They are one of the three types of contractual terms, along with accidentialia negotii and essentialia negotii.

nec vi, nec clam, nec precario (Without force, without secrecy, without permission): This phrase describes the conditions under which possession of property must be held to establish acquisitive prescription: peacefully, openly, and with the intention of acquiring ownership.

negotiorum gestio (management of affairs): Literally "management of affairs," this refers to a quasi-contractual obligation that arises when someone (the gestor) benevolently or necessarily intermeddles in the affairs of another (the dominus negotii), obliging the benefited party to reimburse the intermeddler for incurred costs.

negotium iuridicum (legal business): Meaning "legal transaction," this term has different meanings in different legal systems. In French-law-based systems, it refers to the legal operation embodied by a legal instrument. In German-law-based systems, it refers to a transactional act, a main type of legal act (actus iuridicus).

non bis in idem (not twice in the same): Literally "not twice in the same thing," this is the prohibition against double jeopardy, meaning that a legal action cannot be brought twice for the same act or offence.

novum iudicium (new judgment): Literally "new judgment," this refers to an appeal that involves a hearing de novo, where the case is retried with no restrictions on the scope, allowing for review of legal errors and new findings of fact. This contrasts with revisio prioris instantiae.

nudum praeceptum (naked precept): Literally "naked instruction," this describes a prohibition placed on a testamentary gift by a testator without specifying what should happen if the prohibition is violated. In such cases, the prohibition is generally ineffective.

pactum de contrahendo (agreement to contract): Meaning "agreement to contract," this is a preliminary contract aimed at concluding another, more substantial contract. It includes binders and options.

pactum de non cedendo (agreement to not yield): Literally "agreement not to assign," this is an anti-assignment clause in a contract that prohibits the transfer of rights or obligations.

pactum de non petendo (in anticipando) (agreement to not sue): Literally "agreement not to demand (in advance)," this is an agreement where one party promises not to sue the other party on a particular claim.

pactum de retrovendendo (agreement to sell back): Literally "agreement to sell back," this is a contract of sale that includes a clause granting the seller the right to repurchase the sold property.

pactum reservati dominii (agreement of reserved owners): Literally "agreement of reserved ownership," this refers to a reservation of title clause in a sale contract, where the seller retains ownership of the goods until the buyer has paid the full purchase price.

pactum successorium (inheritance agreement): Literally "agreement concerning succession," this is a bilateral contract concerning inheritance, usually between a potential testator and their heir. Common forms include pactum renunciativum (disclaimer of interest) and pactum acquisitivum (deed of variation).

pars dominii (ownership part): Literally "part of ownership," this refers to the major interests or rights that constitute ownership, such as usus (right to use), fructus (right to enjoy the fruits), and abusus (right to dispose) in French-based systems, or a more extensive list in German-based systems.

paterfamilias (father of the family): Literally "father of the family," this term refers to the head of household, used as a standard for considering rights and responsibilities. The standard of care can be bonus paterfamilias (ordinary reasonable person) or higher levels like diligens paterfamilias and diligentissimus paterfamilias.

penitus extraneus (outside penitent): Literally "completely extraneous," this refers to an incidental beneficiary or any outside party who is not directly involved in a third-party contract (stipulatio alteri).

per aversionem (by turning away): Literally "by turning away," this describes a way of defining property boundaries by referring to surrounding properties or a bulk sale where goods are sold for a lump sum without precise measurement. This contrasts with ad quantitatem.

per relationem (by relation): Literally "by relation," this refers to hearsay evidence or secondhand testimony, where a witness reports what they heard from someone else, as opposed to firsthand testimony ex propriis sensibus. Also called de auditu.

pignus (pledge): Meaning "pledge" or "security," this refers to a possessory security interest, where a debtor gives possession of movable property to a creditor as security for a debt.

pleno iure (by full right): Literally "by full law," this means self-executing, without the need for a court order or judicial proceedings; with full legal right or authority.

plus quam tolerabile (more than tolerable): Literally "more than tolerable," this describes something that is excessive or intolerable, often used in the context of nuisance or violations of neighbor law.

praedium (estate): Meaning "estate" or "landed property," this term especially refers to a piece of land in relation to an easement or servitude. It can be a praedium dominans (dominant estate) or a praedium serviens (servient estate).

praeemptio (previous purchase): Literally "pre-emption" or "buying beforehand," this refers to the right of first refusal, where a party has the first opportunity to purchase property if the owner decides to sell.

praesumptio (presumption): Meaning "presumption," this is a legal inference or assumption about a fact. Types include praesumptio iuris tantum (rebuttable presumption) and praesumptio iuris et de iure (irrebuttable or conclusive presumption), as well as specific presumptions like praesumptio innocentiae (presumption of innocence).

praesumptio veritatis et solemnitatis (presumption of truth and solemnity): Literally "presumption of truth and solemnity," this is the presumption of regularity that applies to public instruments, making them admissible as proof of their contents.

pretium pro doloribus (price for pain): Literally "price for pains," this refers to solatium, compensation awarded for pain, suffering, and emotional distress.

prior tempore potior iure (earlier in time, stronger in law): This principle, often translated as "prior in time, superior in right," means that someone who registers a security interest earlier has a higher ranking than later creditors.

probatio (Evidence): Meaning "proof" or "evidence," probatio refers to evidence admissible in court, especially documentary evidence. Types include adminiculum probationis (supporting evidence), semiplena probatio (imperfect proof), and plena probatio (full proof).

procuratio (management): Meaning "management" or "agency," this is a unilateral grant of indirect representation by a principal to an attorney-in-fact (procurator). It differs from the bilateral agreement of mandatum.

procurator (Agent, attorney-in-fact): Meaning "manager" or "agent," a procurator is an agent or attorney-in-fact. Different types exist, such as procurator ad causas (attorney for lawsuits) and procurator ad negotia (attorney for other business).

quaestus liberales (Liberal profession): Literally "liberal acquisitions," this refers to a liberal profession, typically involving specialised knowledge and skills.

restitutio in integrum (total reinstatement): Literally "restoration to the whole," this refers to the restoration of something to its original condition or, in contract law, the act of restoring a party to their original position before a breach occurred.

revisio prioris instantiae (review of the court below): Literally "revision of the prior instance," this refers to an appeal that is a re-hearing or pure appeal, limited to errors of law without new factual findings, often resulting in the case being remitted to the lower court. This contrasts with novum iudicium.

salva rei substantia (the thing's substance intact): Literally "with the substance of the thing preserved," this is a limitation on how a fiduciary in a fideicommissum can use the assets, requiring them to maintain the essential quality until transfer to the beneficiary.

servitus (servitude, subjugation): Meaning "servitude" or "burden," this refers to an easement, a right attached to land that allows the owner of the dominant estate to use the servient estate in a particular way. Types include servitus personarum (personal servitude) and servitus praediorum (praedial servitude), with various sub-types specifying the nature of the right.

si sine liberis decesserit (if (he) should depart without children): This is a specific type of clause in a will that creates a fideicommissum by stipulating that if a beneficiary dies without children, the inheritance will pass to a third party.

solarium (area exposed to sunlight): Literally "place for sun," this refers to ground rent paid for a surface right or estate (superficies).

solutio indebiti (performance of something not due): Literally "payment of what is not owed," this refers to an undue performance or payment, which obliges the recipient (accipiens) to return it or compensate the payer (solvens).

specificatio (Specification): Meaning "a making specific" or "shaping," this is a mode of acquisition where a new thing (nova species) is created by adding labor to property, and the original materials lose their identity. This differs from accessio and commixtio.

spei emptio, emptio spei (sale of hope): Literally "sale of hope," this refers to the sale of a chance, hope, or expectancy, where the buyer pays a price regardless of whether the anticipated outcome materialises.

spes futurae actionis (hope of future action): Literally "hope of a future action," this refers to a future or contingent right of action that may or may not arise.

spes successionis (hope of succession): Literally "hope of succession," this refers to the mere expectancy of becoming an heir.

spoliatio (plundering): Meaning "spoliation" or "despoiling," this refers to the act of unlawfully dispossessing someone of corporeal property. The aggrieved party is the spoliatus, and the dispossessor is the spoliator.

stante matrimonio (During the marriage): Literally "while the marriage stands," this phrase indicates a period of time or events that occur during the existence of a marriage.

stipulatio alteri (another's (contractual) provision): Literally "stipulation for another," also known as pactum in favorem tertii, this refers to a third-party contract where one party (promittens) promises something to another (stipulans) for the benefit of a third party (alteri or tertius).

superficies (surface): Meaning "surface," this refers to a surface right or surface estate, where one person owns the surface of land while another owns the subsurface or mineral rights (dominus soli). The surface owner is the superficiarius.

tantum et tale (thus and such): This Scots law phrase means "as is" and is used to disclaim implied warranties when purchasing or conveying something.

transactio (transaction): Meaning "transaction" or "settlement," this refers to an out-of-court settlement of a legal dispute.

tutela (guardianship): Meaning "guardianship" or "tutelage," this refers to a form of legal guardianship where the ward (pupillus) has only partial or temporary incapacity, requiring a guardian (tutor). This contrasts with cura, where the incapacity is total and permanent.

unus testis, nullus testis (one witness, no witness): This Latin maxim means that the uncorroborated testimony of a single witness is considered insufficient to establish a fact.

uno contextu (single joining together): Literally "in one connected series," this means contemporaneously or without interruption, often referring to the execution of a legal act in a single ceremony, as opposed to ex intervalo temporis.

usucapio (seizure of use): Meaning "acquisition by use," this refers to acquisitive prescription, the civil law equivalent of adverse possession, where ownership is acquired through long and uninterrupted possession. Also called "prescription acquirendi causa."

usufructus (use-fruit): Meaning "use and fruit," this is the civilian equivalent of a life estate, where one person (usufructuarius) has the right to use and enjoy the fruits of another's property (nudus dominus) for their lifetime.

via executoria (executorial way): Literally "executory way," this refers to a non-judicial foreclosure under a power of sale clause in a mortgage or, more broadly, any non-judicial remedy authorised by contract or other instrument.

via iure (way of law): Literally "by way of law," this means using the courts and the justice system to resolve a dispute, as opposed to self-help or extra-judicial means.

vinculum iuris (the chain of the law): Literally "bond of law," this refers to a legal bond, particularly the relationship that ties an obligor and obligee in a legal obligation.

vis maior (superior force): Meaning "greater force," this refers to force majeure arising from an act of God, such as natural disasters, events beyond human control for which no one can be held liable. This contrasts with casus fortuitus.

vitium in contrahendo (vice in contracting): Literally "defect in contracting," this refers to a vitiating factor in the formation of a contract, such as mistake (error), misrepresentation (dolus), and duress (metus), which can render the contract invalid.

voluntatis declaratio (Declaration of will, manifestation of intent(ion)): Literally "declaration of will," this refers to the expression or communication of a person's intention to create legal effects, crucial in contract law and other areas of law.