Legal Definitions - liquere

The Latin term liquere means to be clear, evident, or apparent. Historically, in Roman law, this concept was particularly relevant when a judge (known as a judex) was tasked with deciding a civil case. If the judge found the facts or legal arguments presented to be insufficiently clear to reach a confident decision, they could declare sibi non liquere, meaning "it was not clear to him," and be excused from rendering a judgment.

While the specific Roman legal procedure is no longer in use, the underlying principle of liquere—the necessity of clarity and sufficient evidence before a definitive conclusion or decision can be made—remains a fundamental concept in legal, administrative, and even everyday decision-making processes.

• Example 1 (Judicial Context): A judge is presiding over a civil lawsuit concerning a disputed property boundary. After reviewing all survey reports, witness testimonies, and historical land deeds, the judge finds that the evidence unequivocally establishes the correct boundary line according to local statutes.

  Explanation: In this scenario, the facts of the case "liquere" for the judge; they are clear and evident, allowing for a straightforward and confident ruling on the property dispute.

• Example 2 (Regulatory Context): A government environmental agency is reviewing a proposal for a new industrial facility. The application includes detailed studies on potential air and water pollution, waste management plans, and community impact assessments, all of which are thoroughly documented and meet regulatory standards.

  Explanation: Here, the information provided by the applicant "liquere" for the agency. The comprehensive and clear data makes the environmental impact and compliance evident, facilitating the approval process.

• Example 3 (Business Contract Context): Two companies are negotiating a complex partnership agreement. During the review of the draft contract, the legal teams identify several clauses that are ambiguous regarding liability distribution and intellectual property ownership, leading to different interpretations by each party.

  Explanation: In this situation, the terms of the proposed agreement do not "liquere." The lack of clarity and evident meaning in the ambiguous clauses prevents the parties from moving forward until these issues are resolved and the language is made unequivocally clear.