Latin Legal Terms

Casus

Casus – the word means accident; by chance; something not planned. In practice, the word participates in the legal term “Casus belli”, used in the area of Military Law, where it is used to refer to offenses or threats, forwarded directly against a nation. An understandable defense against these actions would then not be considered as illegal action, and should not be punished by the related organizations and controlling bodies. A synonym is “casus foederis”, which has two different meanings, depending of its application in the legal practice:
- in the area of Military Law, it details a treaty for usage of army force, forwarded by one nation or government towards another. This happens usually where one country wants to acquire illegally a territory of their neighbor.
- in the area of Law of Contracts, it details a legal event, occurring in accordance with the terms and conditions of an agreement. For example, a delay over the stipulated deadlines in the contract, leads to non-performance and the related pretention for refund of the money invested.

* It is always better to consult with a lawyer before signing a contract; lawyers are qualified to advise you on clauses (terms and conditions) of proposed to you contracts, where needed to re-negotiate these and to guide you what is the best path for protection of your legal and financial interests on the matter.

The word participates also in the legal maxim “casus omissus pro omisso habendus est”. This maxim literally means that “a case omitted is to be held as intentionally omitted”. It applies in the area of Parliamentary Law, where provide that if a recipient has not been included in a statute, this means that he has not been included on the base of concrete intention (and not just by a mistake). If a certain provision has not been detailed within a statute, then it is considered that this provision has not been detailed by a reason (i.e. intentionally).

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