Legal Definitions - articulo mortis

The Latin term articulo mortis translates to "at the point of death" or "in the article of death." It refers to a situation where a person is facing imminent death, often used in legal contexts to describe actions or statements made by an individual who believes they are about to die.

The significance of actions taken articulo mortis lies in the legal presumption that a person facing their final moments is more likely to speak the truth or act with sincere intent. This can affect the admissibility of certain statements in court or the validity of gifts made under such circumstances.

• Example 1: Dying Declaration

  A victim of a severe assault, lying critically wounded and bleeding profusely, tells the first police officer on the scene, "It was John Smith who attacked me with a knife." The victim then loses consciousness and dies shortly after.

  Explanation: This statement is considered to be made articulo mortis because the victim was in immediate apprehension of death. In many legal systems, such a "dying declaration" can be admitted as evidence in a criminal trial, even though it is hearsay, due to the belief that a person on the verge of death would not lie about their attacker.

• Example 2: Gift in Contemplation of Death (Donatio Mortis Causa)

  An elderly man, diagnosed with a terminal illness and informed by his doctors that he has only a few days left to live, hands his valuable coin collection to his nephew, stating, "Take these; they are yours now, as I won't be needing them anymore."

  Explanation: This gift is made articulo mortis because it is given by someone who believes their death is imminent. Such a gift, known as a donatio mortis causa, is conditional; it only becomes final upon the donor's death from the anticipated cause and can be revoked if the donor recovers or changes their mind before death.