Legal Definitions - de presenti

De presenti is a Latin legal term that translates to "of the present" or "from the present." It refers to an action, declaration, or agreement that takes effect immediately, at the very moment it is made, rather than at some point in the future. When something is done de presenti, it signifies an immediate and present legal effect or obligation, without requiring any further action or future event to make it valid.

• Example 1: Immediate Declaration of Status

  Imagine a historical scenario where a couple, intending to marry, simply declared to each other, "We are now husband and wife," with the present and serious intent to be married. In certain legal traditions, this declaration alone, without a formal ceremony, could constitute a valid marriage.

  This situation illustrates de presenti because the marital status was created immediately at the moment the words were spoken. The legal bond and the change in their relationship took effect instantly, based on their present declaration and intent, rather than depending on a future event like a wedding ceremony.

• Example 2: Immediate Transfer of Ownership

  Consider a person holding a rare book who says to a friend, "I hereby give you this book, and it is now yours." The friend accepts the book.

  This act is de presenti because, assuming the giver has the legal right to transfer ownership and intends to do so immediately, the legal title and possession of the book pass to the friend at that very instant. The ownership changes in the present moment, not at some later date or upon a future condition being met.

• Example 3: Immediate Contractual Obligation

  Two business owners are finalizing a deal over the phone. After agreeing on all the essential terms for a service, one owner states, "We have a binding agreement right now for the consulting services," and the other owner explicitly agrees.

  This declaration, if intended by both parties to create an immediate and enforceable contract, acts de presenti. The legal obligations and rights of both parties under the consulting agreement would commence at that moment, rather than waiting for a formal written contract to be drafted and signed at a later time.