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Simple English definitions for legal terms
constat de persona
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A quick definition of constat de persona:
Term: CONSTAT DE PERSONA
Definition: Constat de persona is a legal term that means "it is evident what person was meant." It refers to a written document that may have misidentified a person, but is still enforceable if the true identity of the person can be determined from the rest of the document.
For example, if a contract mistakenly refers to "John Smith" instead of "John Doe," but it is clear from the context of the contract that the parties intended to refer to John Doe, the contract would still be valid.
This term comes from Law Latin and is no longer commonly used in modern legal language.
A more thorough explanation:
CONSTAT DE PERSONA
Constat de persona is a Latin legal term that means "it is evident what person was meant." It refers to a document or writing that identifies a person, and if the true identity of the person can be determined from the rest of the document, then the writing is enforceable.
For example, if a contract mistakenly identifies John Smith as the party to the agreement, but it is clear from the rest of the document that the intended party was actually John Doe, then the contract would still be enforceable because it constat de persona - it is evident what person was meant.
Another example would be a will that mistakenly identifies a beneficiary as "Mary Jones" instead of "Mary Smith," but it is clear from the rest of the will that the testator intended to leave the inheritance to Mary Smith. In this case, the will would still be valid because it constat de persona.
These examples illustrate how constat de persona can be used to enforce a document or writing even if there is a mistake in identifying a person, as long as the true identity can be determined from the context of the document.