Latin Legal Terms

Delegatio

Delegatio – the legal meaning of this term is of a delegation of the creditor’s interest or the debtor’s liability, towards third party. Within the Litigation Procedures, this word details an order given to somebody to cover a debt, or to make direct payment towards creditors. For example, a creditor expects to receive money from his debtor, but since he is himself obliged to a third party (i.e. his own creditor), he instructs the debtor to pay directly to the third party, which action satisfies the creditor and releases the debtor. I.e. with such valid payment to the third party, the debt has been cleared.
The origin of the term is the Latin word “delego”, which literally means to assign, to transfer, to attribute.
This term is used in the phrase “delegatus non potest delegare”, stating that no delegated rights could be further delegated.” This legal principle finds application:
- in the area of Law of Contracts, where except precisely detailed, the authorized cannot re-authorize another person without the consent of the authorizer.
- in terms of the Administrative jurisdiction, a delegated power cannot be re-delegated.
This legal principle is sometimes detailed as “delegata potestas non potest delegari”, which actually means the same.

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