A Legal Glossary

ab initio: From the beginning.
beneficium de duobus vel pluribus reis debendi: the benefit of being sued together and of division.
beneficium divisionis: the benefit of division. defence raised by two or more sureties of the same debt that they each be liable only for their proportionate share.
beneficium ordinis seu excussionis: the benefit of order or of excussion. defence raised by a surety when sued by the creditor that the principal debtor be claimed from first.
bona fide: Good faith.
curator ad personam: A person appointed by the master of the High court to take care of the personal needs of an incapable patient such as maintenance and residence, and medical treatment.
curator bonis: A person appointed by the master of the High court to take charge of the property and affairs of an incapable patient.
curriculum vitae: personal and employment history.
domicilium citandi et executandi: domicile for the purpose of serving summons and levying execution.
error calculi: defence which can be raised by a debtor relating to errors of calculation.
ex officio: From office.
exceptio non causa debiti: defence used by a debtor that there is no reason or cause for the obligation.
exceptio non numeratae pecuniae: defence used by a debtor that the money has not been paid to him/her.
fiduciary: limited ownership.
force majeure: incorporates “Act of God” and includes natural disasters, war, sabotage, labour disputes, government control and unforseen or unavoidable events.
in loco: in the proper place.
in rem suam: in his own interest. it has been held that in some instances an agent acting with authority plus
an interest in the matter, acts with irrevocable authority.
in securitatem debiti: in security of a debt.
in solidum: For the full amount.
incidentalia: Referring to conditions of sale, time and manner of delivery and payment of purchase price.
inter alia: Amongst other things.
inter vivos: Between living persons.
imposts: a tax or similar compulsory payments.
ipso facto: By the fact itself.
mortis causa: By cause of death.
mutatis mutandis: subject to the necessary alterations / amendments.
non causa debiti: no cause of debt.
non numeratae pecuniae: the money has not been paid over.
prima facie: At first glance.
revision of accounts: A defence which can be raised by a debtor relating to an amendment of an account. This is relevant where the obligation relates to the settlement of account.
rouwkoop: money forfeited if the Agreement of sale is not proceeded with.
servitudes: Right of access.
usufruct: Right of use and fruits of property.
vis-á-vis: Facing one another: opposite / in relation to.
voetstoots: As it stands, with all its faults. the defence will not protect a seller if he fails to disclose a defect of which he is aware.

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