Legal Definitions - in facto praestando

In facto praestando is a Latin legal phrase that historically described an obligation or duty requiring the performance of a specific act. It refers to a situation where someone is bound to actively *do* something, rather than merely paying money or refraining from an action. Essentially, it means an obligation to perform a deed or service.

• Example 1: A Service Agreement for Software Development

  Imagine a small business hires a software developer to create a custom application for their operations. The developer's primary obligation is in facto praestando. They are not simply providing a pre-existing product or paying a fee; instead, they are bound to actively perform the acts of designing, coding, testing, and deploying the software according to the agreed-upon specifications. Their duty involves the active execution of development tasks.

• Example 2: A Contract for Landscaping Services

  A homeowner contracts with a landscaping company to redesign their garden. The landscaping company's obligation is in facto praestando. They are required to perform the acts of planning the layout, planting trees and shrubs, installing irrigation systems, and laying pathways. Their duty is to actively carry out these physical tasks to transform the garden, rather than just supplying materials or providing a design plan without execution.

• Example 3: A Historical Apprenticeship Agreement

  In historical legal contexts, an apprentice might have been bound by an obligation in facto praestando to their master. This meant the apprentice was required to actively perform specific tasks and labor related to their trade, such as assisting in a workshop, running errands, or learning and practicing skills under the master's guidance. Their duty was to actively engage in the work and learning process, rather than just paying for instruction or observing passively.