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Affidavit, that everyday Latin word

2022-07-06T02:23:14.356Z


Origin, meaning, examples… Jean-Loup Chiflet retraces the course of this word from Latin, now rooted in our everyday life.


It is very interesting to know this term especially for people not living in their country of origin.

The affidavit - borrowed from English but... from the medieval Latin affidare, "to

entrust

" - is a declaration made under oath before an authority by foreign holders of certain securities to obtain tax exemption affecting these securities, already taxed in their country of origin.

Read alsoMass in Latin: Francis' decision sows trouble

French law inspired by Latin

In truth, we have chosen this word as a pretext to talk about the place of Latin in French law… Have we ever asked ourselves the question: why, in French law, are words essentially of Latin origin?

Let's give the floor to specialists and first of all to Jean Foyer, an eminent jurist, a perfect connoisseur of Roman law.

In a program put online on April 6, 2008 (Canal Académie), he defended the learning of Latin in general and Latin phrases or expressions in particular.

"

Latin phrases teach, indeed, conciseness because there is no better language to translate a thought into a few words,

" he said.

Take for example the inscription that the Germans had engraved on the monuments to the dead of the First World War: Invictis Victi Victuri (to the undefeated, the vanquished who will be victorious).

Three concise words to express a strong thought

,” he added.

For this law professor, who died in October 2008, it would be completely unthinkable to abandon Latin for the study of Roman law.

And he explains:

French law has its roots in Roman law;

if the roots no longer sink into living soil, the tree dies.

»

“A normative system of transnational scope”

A second argument comes from the presentation of Henri Rolland's book

Legal Lexicon of Latin Expressions

 : "

In the era of globalization, Latin has never appeared so essential to the lawyer, if only to escape the versatility of the legislator, resisting jargon and helping to build a normative system of transnational scope.

Latin expressions, words, phrases, adages, represent an unparalleled communication tool through which the concepts and rules of law are expressed with elegance, simplicity and conciseness.

If Latin, in law as in other fields of thought (medicine,

botany

, liturgy), has defied the centuries, it is because it is a vehicular language imprinted with universality.

Life always has surprises in store for us, very clever who can claim that he will not one day find himself in court, whether as plaintiff or defendant.

This is why some notions of correspondence or translation of the legal lexicon can comfort us:

A non domino

 : receipt from the non-owner.

Ab intestate

 : without a will.

Ab irato

: we speak of an act done in anger.

Abuse

: describes the attribute of the right of ownership that allows its holder to dispose of the property, by destroying it or passing it on.

Accipiens

: person accepting payment.

Ad cautelam

: as a precaution.

Ad litem

 : for trial.

Ad litteram

: to the letter Ad nutum: at will or at will.

Ad probationem

: as evidence.

Ad validitatem

 : by way of validity.

Dolus bonus

 : good fraud is a small lie, an exaggeration which cannot lead to the nullity of the contract for lack of consent.

Condominium

 : shared state sovereignty over the same territory.

Contra legem

: against the law.

From cujus

 : the deceased.

De facto

: de facto.

De in rem verso

 : in restitution of the thing (action).

De jure

 : by right.

De lege lata

 : under the law in force.

Decisoria litis

 : substantive elements of the dispute.

Derelictio

 : abandonment of movable property.

Dies a quo

 : day from which.

Ex aequo et bono

 : in equity.

Exequatur

 : procedure aimed at giving enforceability in a State to a judgment rendered abroad.

In concreto

: assessed according to the facts, concretely.

In dubio pro reo

 : doubt benefits the accused.

Jus sanguinis

: designates the right of blood.

It is the determination of nationality according to the filiation of the individual.

Lex societatis

 : the law applicable to companies.

Lucrum cessans

 : shortfall.

Mutuum

 : contract for the loan of a fungible and consumable thing.

Ne bis in idem

: one cannot be judged a second time for the same facts.

Petita

 : ask.

Post nuptias

: after marriage.

Pretium doloris

: price of pain.

Pro bono

 : for the public good.

Quorum

 : proportion of members of a body that must be present or represented for it to deliberate.

Res nullius

 : thing belonging to no one.

Sine die

 : without setting a day.

Solvens

 : person making a payment.

Stricto sensu

 : in the strict sense.

Substratum

 : support of the physical person.

Sui generis

 : of its own kind.

Traditio

 : delivery of the thing covered by the contract.

Usus

 : right to use the thing.

Excerpt from

Give Us Our Daily Latin

.

Find the entire book on our Figaro Store.

Source: lefigaro

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