Legal Definitions - de rei gestae veritate

De rei gestae veritate is a Latin legal phrase, primarily used in Scots law, which translates to "of the truth of the thing done." This principle allows for the establishment of the truthfulness of a past event, action, or the contents of a document, even when the original physical evidence of that event or document is no longer available.

It acknowledges that while direct proof might be lost, reliable testimony or other credible evidence can still confirm what truly happened or what a document genuinely stated. It's about proving the veracity of a past act through indirect but trustworthy means.

Here are a few examples to illustrate this concept:

• Lost Contract: Imagine a small business that had a crucial service contract with a client, but all digital and physical copies of the contract were destroyed in an unforeseen office flood. The client later disputes the terms of service and payment. Under the principle of de rei gestae veritate, the business owner, along with the employees who negotiated and worked on the contract, could provide detailed testimony. They would describe the specific terms agreed upon, the services rendered, and the payment schedule, all based on their direct knowledge and memory of the contract's creation and execution. Their combined testimony would aim to establish the "truth of the thing done"—the actual terms and existence of the lost contract.

• Disputed Inheritance Without a Will: A person passes away, and it is widely known among family and close friends that they had prepared a will, but the document itself cannot be found after an extensive search. Several individuals, including the deceased's lawyer and two witnesses who were present at the signing, can testify under oath about the will's existence, its specific provisions (e.g., who was to inherit particular assets), and the fact that they saw the deceased sign it. This testimony, attesting to the "truth of the thing done" (the creation and contents of the will), could be accepted by a court to determine the deceased's wishes, even without the physical document.

• Historical Easement: Two neighboring landowners are in dispute over a right-of-way (easement) across one's property that has been used by the other for generations. While no formal written agreement for this easement can be found in property records, elderly residents from both families and the local community can testify. They recall their parents and grandparents discussing the agreement, witnessing its consistent use over decades, and understanding it as a long-standing arrangement. Their collective testimony about the historical agreement and its continuous observance serves as evidence of the "truth of the thing done"—that an easement was indeed established and honored, even without a surviving written record.