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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - a die confectionis
Definition of a die confectionis
a die confectionis
This Latin legal phrase means from the day of the making. It indicates that a specific period of time, an obligation, or a right begins to take effect or be counted starting from the exact day an agreement, document, or item is created, executed, or made. It emphasizes that the commencement date is the day of creation, rather than a later specified date or event.
Example 1: Contractual Warranty
Imagine a contract for the installation of new windows in a house. The contract states that the warranty for the window seals is valid for five years a die confectionis of the installation. This means the five-year warranty period begins on the precise day the windows were installed and made operational, not when the final payment is made or when the homeowner moves in.
Example 2: Loan Agreement
Consider a business loan agreement where the first interest payment is due 30 days a die confectionis of the loan's disbursement. This signifies that the 30-day countdown for the first interest payment starts on the exact day the loan funds were provided and the agreement was finalized, establishing the obligation from that moment.
Example 3: Legal Filing Deadline
A court order might stipulate that a party has 14 days to respond to a motion, with the deadline calculated a die confectionis of the order's issuance. In this scenario, the 14-day period for filing a response begins on the very day the court officially issued and made the order, regardless of when the party actually received it.
Simple Definition
“A die confectionis” is a Latin legal term meaning "from the day of the making." It indicates that a legal effect, obligation, or period of time begins to run or is counted starting from the date an instrument, contract, or other legal document was created or executed.