Legal Definitions - auctore praetore

The Latin legal term auctore praetore refers to an action or decision taken on the authority of a judge or with the formal sanction of a judicial official. It signifies that a particular legal step, outcome, or process is made valid, enforceable, or permissible because a court or judge has formally approved, ordered, or authorized it.

• Example 1: Court-Ordered Asset Seizure
  Imagine a situation where a business owes a significant amount of money to a supplier, and despite a court judgment confirming the debt, the business refuses to pay. The supplier cannot simply send agents to seize the debtor's property or empty their bank accounts. Instead, the supplier must return to court and obtain a specific order from a judge, such as a writ of execution or a garnishment order. This judicial order, issued auctore praetore, provides the necessary legal authority for law enforcement or a sheriff to legally seize assets or funds to satisfy the debt.

• Example 2: Appointment of a Legal Guardian
  Consider an elderly individual who has developed severe cognitive impairment and is no longer capable of managing their finances or making medical decisions. Their adult child wishes to take on the role of legal guardian to ensure their parent's well-being. The child cannot simply declare themselves the guardian. They must petition a court, presenting evidence of their parent's incapacity and demonstrating their own suitability for the role. A judge, acting auctore praetore, will review the evidence, hold a hearing, and if satisfied, issue a formal court order appointing the child as the legal guardian. This judicial sanction is what grants the child the legal authority to make decisions on behalf of their parent.

• Example 3: Court-Approved Settlement Agreement
  In a complex lawsuit between two corporations, the parties engage in extensive negotiations and eventually reach a comprehensive settlement agreement outside of court. While the agreement is signed by both companies, they may wish for it to have the full weight and enforceability of a court judgment. They present their agreed-upon settlement terms to the presiding judge. The judge, acting auctore praetore, reviews the agreement to ensure it is fair, lawful, and resolves all outstanding issues, and then formally approves it, incorporating it into a court order. This judicial sanction transforms the private agreement into a binding court judgment, making it enforceable through the court system and providing finality to the dispute.