Legal Definitions - lex privata

Lex privata is a Latin term meaning "private law." In modern legal contexts, particularly in contract law, it refers to a specific rule, condition, or stipulation that parties voluntarily agree to include within a private contract. These agreed-upon terms essentially create a mini-legal framework that governs the relationship and obligations solely between the parties involved, acting as their own unique "private law" for the duration of the contract.

Here are some examples illustrating how lex privata applies:

• Example 1: A Software Licensing Agreement

  Imagine a small tech company licenses its proprietary software to a larger corporation. Within their licensing agreement, there's a clause stating, "The licensee agrees not to reverse-engineer, decompile, or disassemble the software for any purpose." This specific prohibition is the lex privata. It's a rule privately established and agreed upon by the two companies, creating a binding obligation that governs their use of the software, even though general laws might not explicitly forbid reverse engineering in all circumstances. It dictates their specific rights and restrictions under this particular contract.

• Example 2: A Commercial Lease Agreement

  Consider a small business renting office space. Their lease agreement includes a term that says, "The tenant is responsible for all interior repairs and maintenance, including plumbing and electrical systems, up to a cost of $500 per incident." This clause is a form of lex privata. It's a specific rule that the landlord and tenant have mutually agreed upon, defining their respective responsibilities for property upkeep. This private agreement overrides any general default rules about who is responsible for specific repairs, creating a unique obligation for these two parties.

• Example 3: A Non-Disclosure Agreement (NDA)

  A startup company is pitching a new product idea to potential investors and requires them to sign an NDA. A key term in the NDA states, "The recipient agrees to keep all disclosed information confidential for a period of five years from the date of disclosure and shall not use it for any purpose other than evaluating a potential investment." This confidentiality period and usage restriction constitute the lex privata. It's a specific, privately agreed-upon rule that binds the investors to particular behaviors regarding the shared information, establishing a legal duty that is unique to this agreement and these parties.