Legal Definitions - ad faciendum

Ad faciendum is a Latin phrase that translates to "to do" or "to make." In legal contexts, it refers to an obligation or a duty to perform a specific action or to create something.

• Contractual Obligation: A software development company signs a contract with a client to create a custom mobile application. The company's primary obligation under the contract is ad faciendum – to perform the work of designing, coding, and delivering the application.

  Explanation: This demonstrates the term in the context of a contractual duty where one party is bound to do or make a specific product or service as agreed upon.

• Court Order: Following a dispute, a court might issue an order compelling a landlord to make necessary repairs to a tenant's apartment, such as fixing a leaky roof or restoring heating. This directive for the landlord to perform these specific actions is an example of an obligation ad faciendum.

  Explanation: Here, the term illustrates a legal command from a court requiring a party to do a particular remedial action.

• Fiduciary Duty: An executor of a will has a legal duty to perform various tasks, including gathering assets, paying debts, and distributing the remaining estate to beneficiaries. These actions, which the executor is legally bound to carry out, fall under the concept of ad faciendum.

  Explanation: This shows the term applied to a fiduciary's responsibility to do specific administrative and distributive acts as part of their role.