Legal Definitions - animo et corpore

Animo et corpore is a Latin legal phrase that translates to "by the mind and by the body."

This principle signifies that for certain legal actions or states to be established, both a person's mental intention (the "mind" or "animo") and a corresponding physical act (the "body" or "corpore") are necessary. It is often applied in situations concerning the acquisition of possession or control over an item, meaning one must not only intend to possess something but also perform a physical act to assert that possession.

• Example 1: Acquiring a Found Object

  Imagine someone is walking in a park and spots a valuable antique coin lying on the ground. To legally acquire possession of that coin, they must first form the intention to take it for themselves (the "animo" part). Simultaneously, they must perform a physical act, such as bending down and picking up the coin (the "corpore" part). Without both the mental intent and the physical act, they might merely be observing the coin, not possessing it.

• Example 2: Claiming Abandoned Property

  Consider a scenario where a homeowner places an old, broken bicycle on the curb with a "Free" sign, clearly indicating they no longer want it. A passerby sees the bicycle and decides they want to take it to repair. For the passerby to legally acquire possession of the bicycle, they must have the intent to take ownership (animo) and then physically lift the bicycle and place it in their vehicle or begin pushing it away (corpore). If they only think about taking it but leave it on the curb, they haven't acquired possession animo et corpore.

• Example 3: Taking Possession of a Wild Animal

  In some legal contexts, particularly historical ones concerning property rights, acquiring possession of a wild animal (like a fish or a deer) often required animo et corpore. A hunter might spot a deer (mental recognition), but they only truly gain possession when they successfully capture or kill it and physically take control of its body (the physical act). Merely intending to hunt a deer or wounding it without securing it might not be sufficient to establish possession animo et corpore.