Legal Definitions - descriptio personae

Descriptio personae is a Latin legal term that translates to "description of the person."

In legal documents, descriptio personae refers to any additional descriptive information about an individual that is included to help identify them, but which is not strictly essential for the document to be legally valid or for the person's identity to be established. While such descriptions can provide helpful context or clarity, their absence or inaccuracy typically does not invalidate the core legal effect of the document, as long as the person's identity can still be clearly determined.

Here are a few examples to illustrate this concept:

• Example 1: A Business Contract

  Imagine a contract between a software company and a consultant. The contract might identify one of the parties as "Dr. Emily Chen, the leading expert in artificial intelligence ethics." The phrase "the leading expert in artificial intelligence ethics" is a descriptio personae. While it provides a flattering and relevant detail about Dr. Chen's qualifications, the contract's validity does not hinge on this specific description. If the contract simply identified her as "Dr. Emily Chen" and she signed it, the agreement would still be legally binding, assuming all other contractual elements are present. The descriptive phrase merely adds context without being a fundamental requirement for the contract's enforceability.

• Example 2: A Last Will and Testament

  Consider a will where a person leaves a specific heirloom to a family member. The will might state: "I bequeath my antique grandfather clock to my grandson, Michael Davis, who always admired its craftsmanship." The clause "who always admired its craftsmanship" serves as a descriptio personae. It adds a personal touch and explains the testator's reasoning, but it is not legally necessary for Michael Davis to receive the clock. As long as Michael Davis is clearly identifiable as the grandson, the gift is valid regardless of whether his admiration for the clock is mentioned or accurate. The core intent to give the clock to Michael remains effective.

• Example 3: A Property Deed

  In a deed transferring ownership of a piece of land, the seller might be identified as "Mr. Arthur P. Jenkins, the current president of the local historical society." The phrase "the current president of the local historical society" is a descriptio personae. This additional information might be true and could help further distinguish Mr. Jenkins, but the legal transfer of property would still be valid if the deed simply identified him as "Mr. Arthur P. Jenkins" and he properly executed the document. The description of his role in the historical society is supplementary and not a prerequisite for the deed's legal effect.