Legal Definitions - cum effectu

Cum effectu is a Latin phrase meaning "with effect" or "in effect." In a legal context, it refers to an action, decision, or event that not only occurs formally but also produces its intended or expected legal or practical consequences. It emphasizes that an action must genuinely achieve its purpose to be considered fully operative or valid.

Here are some examples:

• Imagine a situation where a landlord sends a tenant a notice to vacate the property due to a lease violation. If the notice contains a significant legal error, such as an incorrect notice period or a failure to properly serve the tenant according to legal requirements, then the notice, despite being sent, may not operate cum effectu.

  This illustrates cum effectu because even though the landlord took the formal step of sending a notice, the legal defects mean it does not have the actual legal power to terminate the tenancy or compel the tenant to leave. The intended legal consequence (eviction) is not achieved due to the procedural flaw.

• Consider a will that has been drafted and signed by an individual. If, after their death, it is discovered that the will was not witnessed by the required number of people, or if the witnesses did not sign in the presence of the testator as mandated by law, then the will may not be admitted to probatecum effectu.

  Here, the act of drafting and signing the will was performed, but without fulfilling all the necessary legal formalities, the document does not effectively transfer the deceased's assets as intended. The will fails to produce its full legal effect due to a procedural deficiency.

• A company's board of directors might vote to approve a new corporate policy, such as a change in employee benefits. However, if the company's bylaws require shareholder approval for such a significant change, and that approval is not obtained, then the board's vote, while formally recorded, does not implement the policy cum effectu.

  This example demonstrates cum effectu because the board's decision, though a formal action, lacks the necessary additional authorization (shareholder approval) to become genuinely operative and binding. The intended practical effect of changing employee benefits does not materialize without all required steps being completed.