Legal Definitions - habili et competente forma

The Latin phrase habili et competente forma historically refers to the requirement that a legal action, document, or procedure be conducted in a fit and competent manner. This means that something was done suitably, properly, and with the necessary legal authority, skill, or adherence to established rules and standards of the time. It emphasizes that all aspects of a legal undertaking were carried out correctly and appropriately.

• Example 1: Execution of a Historical Will

  Imagine a will drafted in 17th-century England. For this will to be considered valid and legally binding, it would need to be executed habili et competente forma. This would mean it was signed by the testator (the person making the will) in the presence of the required number of witnesses, who then also signed the document, all in accordance with the specific legal formalities and customs of that period. If these steps were not followed correctly, the will might be challenged as not having been made in a fit and competent manner, potentially rendering it invalid.

• Example 2: Appointment of a Public Official

  Consider the historical appointment of a town mayor or a sheriff in a medieval European city. For this individual to legitimately hold office and exercise their powers, their appointment would need to occur habili et competente forma. This would involve following the established electoral process, if any, or being formally designated by the appropriate authority (e.g., a monarch or a council), and then taking an oath of office. If, for instance, a person simply declared themselves mayor without any proper election or appointment process, their claim to office would not be considered to have been made in a fit and competent manner, and their authority would be illegitimate.

• Example 3: Issuance of a Court Judgment

  Suppose a historical court case concluded with a judge issuing a ruling. For this judgment to be seen as legally sound and enforceable, it would need to be delivered habili et competente forma. This implies that the judge had proper jurisdiction over the case, heard all relevant evidence, applied the correct laws to the facts presented, and pronounced the verdict according to established judicial procedures. If the judge, for example, ruled on a matter outside their jurisdiction or failed to follow due process, the judgment might be challenged as not having been made in a fit and competent manner, potentially leading to its nullification.