Legal Definitions - act in pais

An act in pais refers to an action or event that takes place privately between individuals or parties, without the direct involvement, supervision, or record of a court or formal legal proceeding. These are voluntary acts performed outside of a judicial setting, often having legal significance even though they are not part of a lawsuit or court order.

• Example 1: Property Sale Agreement
  Imagine a homeowner selling their house to a buyer. They meet, negotiate the terms, and sign a purchase agreement and then a deed transferring ownership. These actions—the negotiation, the signing of the contract, and the execution of the deed—are all considered acts in pais. They are private, voluntary agreements and actions between the buyer and seller, occurring outside of a courtroom, even though the deed will later be publicly recorded.

• Example 2: Business Partnership Formation
  Two entrepreneurs decide to start a new business together. They draft and sign a partnership agreement that outlines their respective roles, responsibilities, and how profits and losses will be shared. The entire process of discussing, agreeing upon, and signing this foundational document is an act in pais. It's a private arrangement between the partners, not something dictated or overseen by a judge or court at the time of its creation.

• Example 3: Written Acknowledgment of Debt
  Suppose someone borrows money from a friend and, later, writes a letter to the friend explicitly stating, "I acknowledge that I owe you $5,000 and promise to repay it by the end of the year." This written acknowledgment, made privately between the debtor and creditor, is an act in pais. It's a voluntary declaration made outside of any court proceeding, but it can have significant legal implications if the debt later becomes disputed in court.