Latin Terms Glossary — HFL1501 Part 2
← 00 - Index
"All Latin terms used across Learning Units 1–3 of Part 2 (pp. 67–135)."
01
Property Law Terms
| Term | Literal translation | Legal meaning |
|---|
| Rei vindicatio | Action for the thing | Owner's real action to reclaim their property from any possessor |
| Nemo plus iuris | No one more rights | No one can transfer more rights than they themselves have |
| Traditio | Handing over | Delivery — the physical or symbolic transfer of a thing |
| Traditio ex iusta causa | Delivery on a lawful ground | Delivery plus a valid reason = transfer of ownership |
| Iusta causa | Lawful cause / reason | Valid legal reason for the transfer of ownership (e.g. sale, donation) |
| Possessio | Possession | Physical and factual control over a thing with the intention of controlling it |
| Animus | Mind / intention | The mental element of possession — intention to control the thing |
| Ius in re | Right in a thing | Real right — a right over a thing, enforceable against everyone |
| Ius in re aliena | Right in another's thing | Limited real right — a real right in property belonging to another |
| Ius utendi | Right to use | One of the three entitlements of ownership — right to use the thing |
| Ius fruendi | Right to enjoy fruits | One of the three entitlements — right to the fruits of the thing |
| Ius abutendi | Right to alienate | One of the three entitlements — right to alienate or destroy the thing |
| Res in commercio | Thing in commerce | Things susceptible of private ownership; in the commercial world |
| Res nullius | Nobody's thing | Ownerless thing — can be acquired by appropriation (occupatio) |
| Res aliena | Another's thing | Property belonging to someone else |
| Bona fide | Good faith | Honestly, without knowledge of a defect |
| Mala fide | Bad faith | Dishonestly, with knowledge of a defect |
| Occupatio | Appropriation | Original acquisition of ownerless things |
| Acquisitio fructuum | Acquisition of fruits | Original acquisition — owner of a thing owns its fruits |
| Accessio | Accession | One thing becomes incorporated into another |
| Specificatio | Making a new thing | Creating something new from existing materials — maker owns the new thing |
| Usucapio | Prescription | Long uninterrupted bona fide possession leading to ownership |
02
Servitudes
| Term | Meaning |
|---|
| Usus fructus (usufruct) | Personal servitude — right to use AND enjoy the fruits of another's thing |
| Usus | Personal servitude — right to use another's thing (not the fruits, except for personal needs) |
| Habitatio | Personal servitude — right to live in another's house |
| Servitus viae | Praedial servitude — right of way |
| Hypotheca | Real right of security — creditor has a right over immovable property without taking possession |
03
Obligations and Contract Law Terms
| Term | Literal translation | Legal meaning |
|---|
| Consensus ad idem | Agreement on the same thing | True agreement between parties — essential for a valid contract |
| Dolus | Deceit / guile | Fraud — deliberate misrepresentation. Makes a contract voidable |
| Metus | Fear | Duress — agreement obtained through threats. Makes a contract voidable |
| Error | Mistake | May negate consensus — can make a contract void |
| Void ab initio | Void from the start | No legal effect ever; no contract existed |
| Voidable | — | Valid initially, but may be set aside by the injured party |
| Bona fides | Good faith | Principle requiring honest, fair dealings between contracting parties |
| Bonus et diligens paterfamilias | Careful head of the household | The Roman standard of care = the modern reasonable person |
| Culpa levis in abstracto | Slight abstract negligence | Failing the reasonable person standard — even slight negligence = liable |
| Vis major | Greater force | An irresistible external force (flood, war) causing supervening impossibility |
| Condicio | Condition | Future uncertain event affecting the operation of a contract |
04
Contract of Sale
| Term | Literal translation | Legal meaning |
|---|
| Emptio venditio | Buying and selling | The consensual contract of purchase and sale |
| Essentialia | Essential elements | The core requirements that must be present for a valid contract of a particular type |
| Perfecta | Complete / perfect | The moment when a contract of sale is complete — consensus on all essentialia, before delivery or payment |
| Certum | Certain | Object or price must be specific or ascertainable |
| Verum | Genuine / true | The price must be real — not a sham |
| Iustum | Just | The price must be fair and reasonable (post-classical requirement) |
| Venditor | Seller | The party selling in a contract of sale |
| Emptor | Buyer | The party purchasing in a contract of sale |
| Actio empti | Action of the buyer | The buyer's general remedy in a contract of sale |
| Actio venditi | Action of the seller | The seller's general remedy in a contract of sale |
| Actio redhibitoria | Action to return | Buyer returns defective thing and recovers purchase price |
| Actio quanti minoris | Action for how much less | Buyer keeps defective thing but gets a price reduction |
| Voetstoots | Push with the foot (Dutch) | As-is clause — seller excludes liability for latent defects |
| Locatio conductio | Letting and hiring | Consensual contract for hire |
| Societas | Partnership | Consensual contract for a joint commercial venture |
| Mandatum | Mandate | Consensual contract for gratuitous performance of a service |
| Commodatum | Loan for use | Real contract — gratuitous loan of a thing for use |
| Depositum | Deposit | Real contract — safekeeping of a thing for another |
| Pignus | Pledge | Real contract — delivery of a thing as security for a debt |
| Stipulatio | Stipulation | Verbal contract — formal spoken agreement by Q & A |
05
Tip for Exams
When writing answers:
- - Always use the correct Latin term with its English meaning
- - Never say "invalid" — use void or voidable
- - Quote the relevant section of the Constitution when discussing constitutional issues (e.g. s 2, s 25, s 26(3))
- - Refer to cases by their full name and year (e.g. Port Elizabeth Municipality v Various Occupiers 2005)