Legal Definitions - forisfacere

The term forisfacere is a historical legal concept with two primary meanings:

• To forfeit (an estate or other property): This refers to the historical act of losing ownership of an estate or other valuable property as a penalty for failing to meet an obligation or violating a specific condition.

  • Example: In a feudal system, if a vassal was granted land by a lord in exchange for military service, and the vassal subsequently refused to provide that service during a time of war, the lord might have the right to forisfacere the land. This would mean the vassal would lose all rights to the estate, and it would revert to the lord as a consequence of their breach of the feudal agreement.

    Explanation: This example illustrates forisfacere in its sense of forfeiture, as the vassal's failure to uphold their contractual duty resulted in the loss of their property.

• To violate the law; to do a thing against or without the law: This refers to the historical act of committing an offense or engaging in conduct that goes against established legal rules, customs, or authority.

  • Example 1: During a period when strict royal edicts governed trade, a merchant found to be importing goods without paying the mandated customs duties would be considered to forisfacere. Their actions would be a direct violation of the king's laws regarding commerce and taxation.

    Explanation 1: Here, forisfacere describes the act of breaking a specific, established law (royal edict), highlighting the historical understanding of committing an unlawful deed.

  • Example 2: In a medieval town, if a craftsman deliberately produced goods using inferior materials, contrary to the quality standards set by their guild's ordinances and local custom, they would be said to forisfacere. They would be acting against the accepted legal and customary practices of their trade and community.

    Explanation 2: This scenario demonstrates forisfacere as acting outside or against the prevailing legal customs and ordinances, showing a violation of the community's established rules and standards.