Latin Legal Terms

Disputatio

Disputatio – the legal definition of this Latin noun is debate, dispute, and perform a discussion. This is a verbal fight initiated because of disagreement by parties for their positions, where they present a defense of these. The term origins from the “disputo” which means as discuss, argue. It participates in the legal maxim “contract principia negantem non est disputandum”, which literally means “against these who deny the basics, there can be no discussion”. In the legal practice, it finds application in the sphere of Court Trials, where provides that in order to discuss about concrete disagreement, both disputing parties must agree about the applicable foundations and rules that will measure their facts and arguments, and will judge their legal dispute.
The word participates also in the legal term “disputatio fori”, which literally means “an argument placed before court”. This is an instrument of the defense by a part of their position in court.
“Disputatio” shares similar meaning with the term “disceptatio”.
Nowadays we use the word “dispute” – a cross examination of fact or statement.

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