Legal Definitions - ex voluntate

The Latin term ex voluntate translates to "voluntarily" or "from free will." In a legal context, it describes an action, decision, or agreement that is made by an individual or entity without any coercion, undue influence, or external compulsion. It emphasizes that the choice was made freely and intentionally, reflecting the person's or entity's own volition.

Here are some examples illustrating the concept of ex voluntate:

• Imagine a homeowner who decides to grant a neighbor permission to cross a portion of their property to access a public park. There is no legal easement or prior agreement compelling this action; the homeowner simply chooses to be neighborly. This permission, given freely and without any external pressure, is granted ex voluntate, demonstrating a choice made entirely from the homeowner's own free will.

• Consider a situation where a company is facing a lawsuit, and during settlement negotiations, it offers to pay a higher amount than legally required to resolve the dispute quickly and maintain its reputation. This offer, made not because a court ordered it or because the law strictly demanded that specific amount, but as a strategic business decision to avoid prolonged litigation, is an action taken ex voluntate. The company freely chose to offer more to achieve a desired outcome.

• In the context of medical treatment, if an adult patient, after receiving a full explanation of the risks and benefits, agrees to undergo a non-essential cosmetic procedure, their consent is given ex voluntate. This means the patient was not forced, threatened, or unduly influenced, but rather made an informed decision based on their personal wishes and free choice.