Legal Definitions - in pendente

The term in pendente is a Latin phrase that means something is in suspension or in abeyance. When a matter is described as "in pendente," it signifies that it is temporarily paused, undecided, or awaiting a resolution. It is not yet active, finalized, or fully effective.

Here are some examples to illustrate this concept:

• Example 1: A Court Decision

  Imagine a situation where a judge has heard all the evidence and arguments in a complex civil lawsuit, but has not yet issued a final ruling. During this period, the legal outcome of the case is considered in pendente. The rights and obligations of the parties involved are suspended and uncertain until the judge delivers their judgment.

• Example 2: Regulatory Approval for a Business Deal

  Consider a large corporation that has announced its intention to acquire another company. However, the acquisition is subject to approval from government antitrust regulators, who need to ensure the merger won't harm competition. Until the regulatory body grants its official approval, the acquisition remains in pendente. The deal is agreed upon but not yet finalized or effective.

• Example 3: A Property Sale Contingency

  Suppose a buyer and seller have signed a contract for the sale of a house, but the contract includes a clause stating that the sale is contingent upon the buyer successfully obtaining a mortgage within 30 days. While the buyer's mortgage application is being processed and before final approval is granted, the completion of the property sale is in pendente. The transaction is in a state of suspension, awaiting the fulfillment of that specific condition.