Legal Definitions - de

In legal contexts, de is a preposition derived from Latin or French, commonly meaning "of," "about," "concerning," or "regarding." It is frequently found in the titles of historical legal documents, statutes, writs, and court proceedings to indicate the subject matter or nature of the legal instrument or action.

• Example 1: Consider the historical legal order known as a Writ de Homine Replegiando.

  This writ was an early form of legal relief, similar to habeas corpus, used to secure the release of a person who had been unlawfully detained. The "de" in this title signifies "concerning" or "about," indicating that the writ's purpose was about the replevin (release) of a person.

• Example 2: Another historical application is seen in a Commission de Lunatico Inquirendo.

  This was a legal commission issued to investigate and determine if an individual was mentally incapacitated and thus unable to manage their own property or affairs. Here, "de" means "concerning" or "regarding," clarifying that the commission's inquiry was about the mental state of a person deemed a "lunatic."

• Example 3: The term also appears in the titles of foundational statutes, such as the Statute de Donis Conditionalibus.

  Enacted in England in 1285, this statute significantly impacted land law by restricting the alienation of entailed estates, ensuring that land would pass down through a specific line of heirs. In this context, "de" translates to "concerning" or "regarding," indicating that the statute is about conditional gifts or grants of land.