Legal Definitions - ad custagia

Ad custagia is a Latin legal phrase meaning "at the costs" or "at the expense of." It indicates which party is financially responsible for a particular action, proceeding, or obligation.

Here are some examples to illustrate this concept:

• Court-Ordered Expenses: Imagine a situation where a court rules in favor of a plaintiff in a lawsuit. The judge might issue an order stating that the losing party (the defendant) must pay the plaintiff's legal fees and court costs. In this scenario, the defendant is ordered to pay these expenses ad custagia of the plaintiff, meaning the defendant bears the financial burden for the plaintiff's costs.

• Contractual Obligations: Consider a commercial lease agreement between a landlord and a tenant. The contract might specify that any necessary repairs to the interior of the leased premises, beyond normal wear and tear, must be carried out ad custagia of the tenant. This means the tenant is contractually obligated to cover the financial costs associated with those specific repairs.

• Estate Administration: When a person passes away, their estate often incurs various expenses during the probate process, such as appraisal fees, attorney fees for settling the estate, or taxes. These administrative costs are typically paid ad custagia of the estate itself. This means the funds for these expenses come directly from the deceased person's assets before any remaining inheritance is distributed to beneficiaries.