Legal Definitions - demonstratio

In Roman law, demonstratio refers to a description or a statement of facts, particularly in two key contexts:

• 1. A Description:

  This meaning refers to a specific detail or identifying characteristic used to describe a person, object, or property. It often appears in discussions of wills or contracts where a description might be incomplete or, more commonly, incorrect. When a description is false or inaccurate, it is known as falsa demonstratio, meaning a false description. In such cases, courts might need to interpret the true intent behind the erroneous description.

  • Example 1.1 (Property Description):

    A will states, "I bequeath my lakeside cabin at 77 Pine Ridge Road to my nephew, Mark." However, the deceased owned a mountain cabin at 77 Pine Ridge Road and a lakeside cabin at 123 Lakeview Drive. The phrase "my lakeside cabin at 77 Pine Ridge Road" is the demonstratio. Since the description contains a factual error (the cabin is not both lakeside and at Pine Ridge Road), it is a falsa demonstratio, requiring the court to determine whether the testator intended to give Mark the lakeside cabin or the property at 77 Pine Ridge Road.

  • Example 1.2 (Beneficiary Description):

    A charitable donation agreement specifies a gift "to the 'Children's Hospital of the West,' located in Springfield." It is later discovered that there is no hospital by that exact name in Springfield, but there is a "Western Children's Medical Center" and a "Springfield General Hospital" with a children's wing. The phrase "Children's Hospital of the West, located in Springfield" is the demonstratio. Its inaccuracy makes it a falsa demonstratio, prompting an inquiry into which institution the donor truly intended to benefit.

• 2. Statement of Facts in a Legal Claim (Roman Law):

  In the ancient Roman legal system, specifically under the "formulary procedure," the demonstratio was a crucial part of the legal document (the "formula") that initiated a lawsuit. It was the section where the plaintiff (the person bringing the claim) would clearly and concisely state the specific facts and circumstances that formed the basis of their legal complaint. This factual narrative established the alleged wrong or breach that the court was asked to address.

  • Example 2.1 (Breach of Contract):

    A Roman farmer, Gaius, sued a merchant, Lucius, for failing to deliver a promised shipment of grain. In the legal formula presented to the magistrate, the demonstratio would detail the agreement: "Gaius asserts that Lucius contracted to sell him 50 measures of wheat, to be delivered on the Kalends of July, for which Gaius paid in advance, but Lucius failed to deliver the wheat as agreed." This precise statement of the contractual terms and the alleged breach constitutes the demonstratio, laying out the factual foundation for Gaius's claim.

  • Example 2.2 (Property Damage Claim):

    If a Roman citizen, Julia, sought compensation for damage caused to her vineyard by a neighbor's livestock, the demonstratio in her legal formula would describe the incident: "Julia claims that on the Ides of August, the cattle belonging to her neighbor, Marcus, broke through her fence and grazed in her vineyard, destroying a significant portion of her grape harvest." This factual account of the damage and its cause is the demonstratio, providing the court with the specific events underpinning Julia's demand for restitution.