Legal Definitions - in facto proprio

The Latin term in facto proprio translates to "concerning one's own act." It refers to situations where an individual is acting directly on their own behalf, based on their own conduct, or is personally responsible for their own actions, rather than relying on or being bound by the actions of another.

Here are some examples to illustrate this concept:

• Signing a Personal Contract: Imagine a freelance graphic designer who personally signs a contract with a client to create a new logo. The designer is acting in facto proprio because they are directly entering into the agreement and taking on the obligations themselves, not through an agent or a separate company entity.

  This illustrates the term because the designer's legal commitment stems directly from their own action of signing the contract, making them personally accountable for its terms.

• Providing Direct Testimony: In a court case, a witness takes the stand and describes an accident they personally observed from start to finish. The witness is testifying in facto proprio because their account is based solely on their own direct experience and perception of the event, not on hearsay or information relayed by someone else.

  This example highlights that the witness's contribution to the legal proceedings is rooted in their own direct observation and personal knowledge.

• Making a Personal Guarantee: A small business owner seeks a loan for their company. The bank requires the owner to provide a personal guarantee, meaning if the company defaults, the owner will be personally responsible for repaying the debt. By signing this guarantee, the owner is acting in facto proprio.

  This demonstrates the term because the owner is personally committing to a financial obligation through their own direct action, making themselves individually liable for the company's debt.