Legal Definitions - in terminis terminantibus

The Latin phrase in terminis terminantibus is used in legal contexts to describe something that is stated in express, clear, or definitive terms. When a legal document or statement is described as being "in terminis terminantibus," it means that its meaning is explicitly and precisely laid out, leaving no room for ambiguity, interpretation, or doubt. It signifies that the terms are absolute and conclusive.

• Example 1: Contractual Obligation

  Consider a commercial lease agreement that states, "The tenant must complete all outstanding repairs to the property's HVAC system by October 15, 2024, at their sole expense, and failure to do so will result in a penalty of $500 per day thereafter." This instruction is given in terminis terminantibus.

  Explanation: The lease clearly and explicitly defines the specific action required (repairing the HVAC), the exact deadline (October 15, 2024), who is responsible (the tenant), and the precise consequence of non-compliance (a $500 daily penalty). There is no ambiguity about the tenant's obligation or the repercussions of failing to meet it.

• Example 2: Court Order

  A judge issues a ruling in a divorce case, ordering, "The marital home located at 123 Oak Street shall be immediately transferred to Ms. Eleanor Vance, and Mr. David Vance shall vacate the premises within seven days of this order, surrendering all keys and access codes." This directive is issued in terminis terminantibus.

  Explanation: The court order explicitly names the recipient of the property, specifies the exact property, and sets a clear, unambiguous deadline for the other party to vacate and surrender access. The terms are definitive and leave no room for misinterpretation regarding ownership or possession.

• Example 3: Will and Testament

  In a last will and testament, a clause reads, "My entire collection of rare first-edition books shall be bequeathed exclusively to my alma mater, the University of Springfield, to be housed in their special collections library, and under no circumstances shall any portion of this collection be sold or distributed to any other entity." This instruction is stated in terminis terminantibus.

  Explanation: The will precisely identifies the specific asset (rare first-edition books), the sole beneficiary (University of Springfield), the intended use (special collections library), and explicitly prohibits any alternative actions (selling or distributing to others). The terms are absolute and leave no doubt about the testator's wishes for the collection.