Legal Definitions - legitimo modo

Legitimo modo is a Latin term used in Scots law that translates to "in legal form" or "in the proper legal manner." It refers to the requirement that an action, document, or process must comply with all the specific legal rules, procedures, and formalities established by law to be considered valid, effective, and enforceable. When something is done `legitimo modo`, it means it has met all the necessary legal prerequisites.

• Example 1: Executing a Will

  Imagine an individual in Scotland wants to create a will to ensure their assets are distributed according to their wishes after their death. For this will to be legally valid and enforceable, it must be executed `legitimo modo`. This typically means the will must be in writing, signed by the person making the will (the testator), and witnessed by two people, all in the presence of each other. The witnesses must also sign the will. If these specific legal formalities are not followed precisely, the will might not be considered executed `legitimo modo`, potentially rendering it invalid and leading to disputes over the deceased's estate.

• Example 2: Transferring Property Ownership

  Consider a situation where someone is purchasing a house in Scotland. To legally transfer ownership of the property from the seller to the buyer, the transaction must be completed `legitimo modo`. This involves a formal legal document called a disposition, which must be signed by both parties, witnessed, and then registered in the Land Register of Scotland. Without completing these steps `legitimo modo` – for instance, if the deed isn't properly witnessed or registered – the buyer would not legally own the property, even if they had paid the purchase price and moved in.

• Example 3: Passing a Company Resolution

  Suppose the board of directors of a Scottish company needs to pass a resolution to approve a major investment. For this resolution to be legally binding and effective, it must be passed `legitimo modo`. This means the board must adhere to the procedures outlined in the company's articles of association and relevant company law, such as providing proper notice of the meeting, ensuring a quorum (minimum number of directors present) is met, and following specific voting protocols. If the board fails to follow these prescribed procedures, the resolution might not be considered passed `legitimo modo` and could be challenged as invalid by shareholders or other stakeholders.