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Simple English definitions for legal terms
de tempore cujus contrarium memoria hominum non existit
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A quick definition of de tempore cujus contrarium memoria hominum non existit:
Term: De tempore cujus contrarium memoria hominum non existit
Definition: This Latin phrase means "from time whereof the memory of man does not exist to the contrary." In legal terms, it refers to a period during which a legal right or custom can be determined or established. This period used to be an arbitrary date in the past, but in 1540 it became a steadily moving period of 60 years. It is important because it limits the time within which someone can prove an ancestor was seised of an estate.
A more thorough explanation:
Definition: From time whereof the memory of man does not exist to the contrary. This refers to the period during which a legal right or custom can be determined or established. It is also known as legal memory.
Example: Common-law legal memory traditionally began in the year 1189, but in 1540 it became a steadily moving period of 60 years. This means that any legal right or custom that existed before 60 years from the present time cannot be established or determined.
Explanation: The example illustrates how de tempore cujus contrarium memoria hominum non existit is used in the legal context. It shows that there is a specific period of time during which legal rights and customs can be established, and anything before that time is considered too far back to be proven. This is important in legal cases where historical evidence is needed to establish a right or custom.