Legal Definitions - de placito

De placito is a Latin phrase historically used in legal documents, particularly in the initial formal statements that began a lawsuit. It translates to "of a plea" or "concerning a plea," and its purpose was to introduce and specify the particular type of legal action or complaint being brought before the court. Essentially, it served as a heading or an introductory phrase indicating the nature of the dispute.

Here are some examples illustrating how "de placito" would have been used:

• Imagine a scenario where a small business owner ordered custom machinery, paid a deposit, but the manufacturer failed to deliver it by the agreed-upon date, causing significant financial loss.

  In a historical legal context, the formal document initiating the lawsuit might have begun with a phrase like "de placito conventionis fractae," meaning "of a plea of broken agreement." This immediately informed the court and the opposing party that the lawsuit concerned a breach of contract.

• Consider a situation where a homeowner's property was damaged when a neighboring construction crew accidentally caused a wall to collapse onto their garage.

  The legal complaint seeking compensation for the damage could have been introduced with "de placito transgressionis," which translates to "of a plea of trespass" or "of a plea of wrongdoing." This indicated that the lawsuit was about an unlawful interference with property rights or a wrongful act causing damage.

• Suppose a lender provided a loan to an individual who subsequently defaulted on the payments, failing to repay the principal or interest as stipulated in the loan agreement.

  The legal action to recover the unpaid money would have historically been prefaced with "de placito debiti," meaning "of a plea of debt." This clearly identified the lawsuit as a claim for money owed and not paid, setting the stage for the court to address the financial obligation.