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Simple English definitions for legal terms

praescriptis verbis

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A quick definition of praescriptis verbis:

Praescriptis verbis is a Latin term that means "in the words before written." In Roman law, it refers to an action on a bilateral agreement where one party has performed and requires the other to perform in turn. It also refers to the grounds given for the existence of a contract that falls into the class later described as innominate. Innominate contracts were developed and recognized late in classical law. A clause that is restricted in scope by introductory words, especially in a pleading, is also considered praescriptis verbis.

A more thorough explanation:

Praescriptis verbis is a Latin term that means "in the words before written." It has several meanings:

  1. In Roman law, it refers to an action on a bilateral agreement where one party has performed and requires the other to perform in turn.
  2. In Roman law, it refers to the grounds given for the existence of a contract that falls into the class later described as innominate.
  3. In history, it refers to a clause that is restricted in scope by introductory words, especially in a pleading, words defining the issue.

An example of praescriptis verbis in Roman law is when two parties agree to exchange goods or services. If one party has already performed their part of the agreement, they can use praescriptis verbis to require the other party to perform their part.

Another example of praescriptis verbis in Roman law is when a contract falls into the class of innominate contracts. These contracts are not specifically named or defined in the law, but are recognized as valid contracts based on the grounds given for their existence.

In history, an example of praescriptis verbis is a clause in a legal pleading that is restricted in scope by introductory words. For instance, a clause may begin with "In regards to the issue of..." to define the specific issue being addressed in the pleading.

These examples illustrate how praescriptis verbis is used in different legal contexts to refer to actions, contracts, and clauses that are defined by the words that come before them.

praescriptio fori | praeses

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