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Simple English definitions for legal terms
clausula
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A quick definition of clausula:
A clausula is a sentence or part of a sentence in a written document or law. In Roman law, a clausula codicillaris is a codicil that is confirmed by a will and operates as part of the will. An unconfirmed codicil can still have directives that are effective even without a will. A clausula derogativa is a clause that takes away or limits something. The clausula rebus sic stantibus refers to a clause that allows for changes in a contract if certain conditions are met. The clausula tenoris is a clause in a charter that describes the nature of a tenure.
A more thorough explanation:
Definition: Clausula refers to a sentence or part of a sentence in a written document or law. It can also refer to a codicil, which is a legal document that modifies or adds to an existing will.
Examples:
- Clausula codicillaris: In Roman law, a codicillary clause that operates as part of a will.
- Clausula derogativa: A derogatory clause that limits or takes away rights.
- Clausula rebus sic stantibus: A clause that allows for a contract to be modified or terminated if there is a significant change in circumstances.
- Clausula tenoris: The clause in a charter that describes the nature of a tenure.
For example, a clausula codicillaris is a codicil that has been confirmed by a will and operates as part of the will. This means that the directives in the codicil are legally binding and must be followed. Similarly, a clausula derogativa limits or takes away rights, such as a clause in a contract that restricts the use of a property. A clausula rebus sic stantibus allows for a contract to be modified or terminated if there is a significant change in circumstances, such as a natural disaster that makes it impossible to fulfill the terms of the contract. Finally, a clausula tenoris describes the nature of a tenure, such as a leasehold or freehold.