Legal Definitions - constat de persona

The Latin phrase constat de persona refers to a historical legal principle meaning "it is evident what person was meant." This principle allowed for the enforcement of legal documents, such as contracts or wills, even if a person named within the document was misidentified or had their name misspelled. The key was that the true identity of the individual had to be clearly discernible from other information provided within the document itself.

In essence, if a document contained enough accurate details to leave no reasonable doubt about who the intended person was, a minor error in their name or description would not invalidate the document's intent regarding that person.

Here are a few examples illustrating how constat de persona would apply:

• Example 1: A Will with a Misspelled Name

  Imagine a will that states, "I bequeath my antique watch to my grandson, Michael Jonson." However, the testator's only grandson is named Michael Johnson, and the will further specifies, "the son of my daughter, Sarah." Since Sarah only has one son, Michael Johnson, and the will provides additional identifying information (his mother's name), the principle of constat de persona would ensure that Michael Johnson is the rightful beneficiary of the watch, despite the misspelling of his last name. The document makes it evident who was meant.

• Example 2: A Contract with a Corporate Name Error

  Consider a service agreement where the client is identified as "Global Solutions Inc." but the correct legal name of the company is "Global Solutions Corporation." Despite this slight discrepancy in the corporate suffix, the contract includes the correct business address, federal tax identification number, and is signed by the CEO of Global Solutions Corporation. In this scenario, constat de persona would confirm that the contract is legally binding on Global Solutions Corporation, as the totality of the information in the document clearly points to the correct entity.

• Example 3: A Property Deed with an Incorrect Middle Initial

  Suppose a property deed lists the buyer as "Eleanor R. Vance," but the buyer's actual middle initial is 'P'. However, the deed also includes Eleanor's full and correct first and last names, her date of birth, and the specific property address she is purchasing, all of which perfectly match her official identification. Under the principle of constat de persona, the deed would still be considered validly transferred to Eleanor P. Vance, because the overwhelming evidence within the document clearly establishes her identity as the intended recipient of the property.