Legal Definitions - de praesenti

De praesenti is a Latin legal term meaning "of the present" or "at present." Historically, it referred to an agreement or consent that took immediate effect, rather than one promised for the future.

In marriage law, a declaration of consent "de praesenti" meant the couple was married immediately, without the need for a future ceremony.

The legal term de praesenti (pronounced "dee pray-ZEN-tee") refers to something that exists, takes effect, or is agreed upon at the present moment or of the present. It signifies an immediate and current action, declaration, or consent that has binding legal force without requiring any future conditions or events to occur.

It contrasts with agreements or intentions that are "de futuro," meaning they are contingent on future events. When something is done "de praesenti," its legal effect is immediate.

• Example 1: An Immediate Gift

  Imagine a grandparent holding a valuable family heirloom, like a vintage watch, and saying to their grandchild, "I give you this watch, effective right now, as your own." This is a "de praesenti" gift because the grandparent's intention and action immediately transfer ownership of the watch to the grandchild at that very moment, without any conditions or future steps required. The grandchild becomes the legal owner instantly.

• Example 2: Verbal Contract Formation

  Consider two individuals negotiating the sale of a unique piece of art. After discussing the price and terms, they shake hands and one declares, "We have a deal for $5,000, agreed upon immediately." This constitutes a "de praesenti" agreement because the parties intend for the contract to be formed and legally binding at that precise moment of declaration and handshake. While formal written documentation might follow for clarity or enforceability, the fundamental agreement is established in the present.

• Example 3: Declaration of Trust

  A person owns a rental property and decides to create a trust for their children. They sign a document stating, "I hereby declare myself to be the trustee of this specific rental property for the benefit of my children, effective this day." This is a "de praesenti" declaration of trust because the trust is legally established and becomes operative at the moment the declaration is made. The property owner immediately assumes the legal duties of a trustee, and the children immediately gain a beneficial interest in the property, without needing any further transfers or future events.