Latin Legal Terms

Defecto

Defecto – this Latin noun literally means a defect, shortcoming – understood as a difference in the condition (or specifications) of an item than its usual condition, that reduces its price and makes it impossible to be used. In practice, the word participates in the legal maxim “confirmation omnes supplet defectus, licet id quod actum est ab initio non valuit”, applicable in the Law of Contracts. There it states that the made confirmation of the recipient of performance (i.e. the creditor) improves or even removes all defects, even if these existed at the starting moment of the performance. The goal is to make defective performance valid in cases where possible and where not harming the interests of the creditor, instead of cancelling it and performing it again.

Popular Posts



Bear that none of the listings on this dictionary and its explanations does not represent legal advice, and should not be considered applicable to any individual case or legal suit. All the definitions and interpretations have been stipulated with a theoretical purpose only to deliver more concrete information to the visitor of the website about the term or phrase itself.