Legal Definitions - juxta formam statuti

The Latin phrase juxta formam statuti translates to "according to the form of the statute." It signifies the requirement to strictly adhere to the specific procedures, format, or conditions mandated by a particular law or regulation.

When an action or document must be performed or prepared juxta formam statuti, it means that every step, detail, and requirement outlined in the relevant statute must be precisely followed. Failure to do so can render the action or document legally invalid or subject to challenge.

Here are some examples to illustrate this concept:

• Business License Application: Imagine a new restaurant owner applying for a food service license. The local health department's regulations (the "statute" in this context) might require the application to be submitted on a specific form, accompanied by a detailed floor plan, proof of insurance, and a certificate of completion for a food safety course. If the owner submits an incomplete application, uses an outdated form, or forgets to include the insurance proof, they have not acted juxta formam statuti. The application would likely be rejected because it did not conform to the prescribed requirements of the licensing law.

• Execution of a Last Will and Testament: For a will to be legally valid, most jurisdictions have specific statutory requirements. These often include that the will must be in writing, signed by the testator (the person making the will), and witnessed by a certain number of individuals (usually two) who are not beneficiaries in the will, and who sign in the presence of the testator and each other. If a person writes down their wishes but only has one witness, or if the witnesses do not sign in the testator's presence as required by law, the will has not been executed juxta formam statuti. Consequently, a court might declare the will invalid, meaning the deceased's assets would be distributed according to intestacy laws rather than their stated wishes.

• Environmental Impact Assessment: A large construction company planning to build a new factory might be required by environmental protection laws to conduct an Environmental Impact Assessment (EIA). The statute might specify the exact methodology for conducting the assessment, the types of data to be collected, the format for the report, and the public notification process for comment. If the company submits an EIA report that omits required sections, uses an unapproved methodology, or fails to properly notify the public as mandated by the environmental statute, their submission would not be juxta formam statuti. This non-compliance could lead to the rejection of their permit application or significant legal challenges from environmental groups, halting the project until the statutory requirements are fully met.