Legal Definitions - ex justa causa

Ex justa causa

Ex justa causa is a Latin legal phrase that translates to "from a just or lawful cause" or "by a just or legal title." It refers to the fundamental requirement that there must be a legitimate, legally recognized reason or justification for an action, decision, or claim to be considered valid or permissible under the law. Essentially, it means that something is done for a proper and legal reason, supported by a sound legal basis.

• Example 1: Property Transfer

  When a homeowner sells their property, the transfer of ownership from the seller to the buyer occurs ex justa causa. This is because the transfer is based on a valid, signed purchase agreement, the exchange of money, and the proper execution of a deed, all of which are lawful and recognized reasons for transferring property title.

  This illustrates the term because the sale contract and the legal process provide the "just or lawful cause" for the change in property ownership, making the transfer legally sound.

• Example 2: Legal Defense of Necessity

  Imagine a situation where a person, while driving, swerves onto a private lawn, causing minor damage, to avoid colliding with a child who suddenly ran into the road. If sued for property damage or trespassing, their action could be argued as being ex justa causa. The immediate and severe necessity to prevent a greater harm (injury or death to the child) provides a lawful justification for an otherwise unlawful act.

  Here, the necessity to prevent a serious accident serves as the "just or lawful cause" for the deviation from normal driving rules and property rights, potentially excusing the driver's actions.

• Example 3: Government Action in Public Interest

  A municipal government decides to acquire a piece of private land through eminent domain to build a new public school. This action, which impacts private property rights, is considered to be ex justa causa if it is done for a legitimate public purpose (education for the community) and the landowner receives fair market compensation as required by law.

  This demonstrates the term because the clear public benefit (providing education) and adherence to legal procedures (fair compensation) provide the "just or lawful cause" for the government's exercise of its power to take private land.