Legal Definitions - animo et facto

animo et facto

This Latin phrase translates to "by act and intention." In legal contexts, it signifies that for certain actions or states to be legally recognized, both a physical deed or action (the "facto") and a corresponding mental state or intention (the "animo") must be present.

Here are some examples to illustrate this concept:

• Abandonment of Personal Property: Imagine someone places an old, broken bicycle on the curb outside their house. For that bicycle to be legally considered abandoned, two things must be true:

  • Act (facto): The physical act of placing the bicycle on the curb, making it available for others to take or for trash collection.
  • Intention (animo): The owner must genuinely intend to relinquish all ownership rights and never reclaim the bicycle.

  If the owner merely put the bicycle out temporarily while cleaning their garage, intending to bring it back in later, then despite the physical act, there was no intention to abandon it. Therefore, it would not be legally abandoned animo et facto.

• Establishing a New Primary Residence: When a person moves to a new city, simply living in an apartment there for a period isn't always enough to establish it as their new primary residence for legal purposes (like voting or tax residency). To fully establish a new primary residence animo et facto:

  • Act (facto): The physical actions of moving belongings, sleeping there regularly, receiving mail, and connecting utilities.
  • Intention (animo): The person must have the clear intent to make that new location their permanent home, not just a temporary stay or a vacation spot.

  If someone lives in a city for work for several months but maintains their previous home, intends to return there, and registers their car and votes in their old location, they might not be considered to have established a new primary residence animo et facto, despite their physical presence.

• Acceptance of a Gift: For a gift to be legally complete, the recipient must accept it. This also requires both an act and an intention:

  • Act (facto): The physical receipt or taking possession of the item being gifted.
  • Intention (animo): The recipient must intend to accept ownership of the item as a gift.

  If someone tries to give you an unwanted item, and you physically take it but immediately state that you don't want it and hand it back, you have not accepted the gift animo et facto. While there was a momentary physical act of possession, there was no intention to accept ownership.