Legal Definitions - in consideratione legis

The Latin phrase in consideratione legis describes a situation where a legal right, status, or interest is recognized or held in contemplation by the law, even though it is not yet fully active, materialized, or decided. It signifies that something exists legally, but is currently suspended, deferred, or awaiting a future event to become fully operational. Essentially, the law acknowledges its existence and potential, but it remains in a state of temporary inactivity or anticipation.

• Future Heir in a Will:

  Imagine a grandparent's will that states, "I leave my antique clock collection to my first grandchild, whenever they may be born." At the time the will is written, there are no grandchildren. The legal right of the future grandchild to inherit the clocks exists in consideratione legis.

  Explanation: The law recognizes the potential heir and their future right to the property, even though the grandchild does not yet exist and the inheritance cannot be physically transferred. The right is held in contemplation by the law, awaiting the birth of the grandchild to become active.

• Unfiled Corporate Entity:

  A group of entrepreneurs drafts all the necessary legal documents, like articles of incorporation and bylaws, to form a new technology company. They have agreed on all terms and signed the documents, but have not yet submitted them to the state for official registration. The legal identity and structure of this new corporation exist in consideratione legis.

  Explanation: While the company is not yet a legally registered entity with full corporate powers, the foundational legal framework for its existence has been established and is recognized by the legal system as awaiting formalization. Its full legal operation is in abeyance until filing.

• Contingent Property Interest:

  A property deed specifies that a certain parcel of land will automatically transfer to a local conservation trust if the current owner ever decides to sell it for commercial development. Until such a sale occurs, the conservation trust's future interest in the land exists in consideratione legis.

  Explanation: The trust has a legally recognized, albeit conditional, claim to the property. This right is held in contemplation by the law, ready to become active only if the specified future event (sale for commercial development) takes place.