Legal Definitions - litem denuntiare

litem denuntiare

Litem denuntiare is a Latin legal term that translates to "to announce a suit" or "to give notice of a legal claim." In ancient Roman law, it referred to the formal act of notifying an individual or party about the initiation of a legal dispute or a claim against them or property they possess. This concept encompassed two primary scenarios:

• Summoning a Defendant: This involved an official notification from a magistrate or court to a person, informing them that a legal action was being brought against them and that they were required to appear before the legal authority to respond to the charges or claims. It was the formal step that initiated a lawsuit against an individual.
• Buyer Notifying Seller of a Third-Party Claim: This scenario occurred when a buyer, after purchasing an item, was subsequently informed by a third party that the third party had a legal claim or superior right to the item sold. The buyer would then formally notify the original seller of this third-party claim. This notification was crucial as it alerted the seller to a potential defect in the title of the goods they sold and could trigger the seller's obligation to defend the title or compensate the buyer.

Here are some examples illustrating the application of litem denuntiare:

• Imagine a Roman citizen named Gaius who is accused by his neighbor, Publius, of diverting a water channel onto Publius's land, causing damage. A magistrate's official would deliver a formal document to Gaius, instructing him to appear in court on a specific date to answer Publius's complaint. This official delivery of the summons, formally initiating the legal process against Gaius, would be an act of litem denuntiare.

  This example illustrates the first scenario, where a legal authority formally notifies a defendant (Gaius) that a lawsuit has been initiated against them, requiring their participation in the legal proceedings.

• Consider a situation where a Roman merchant, Aemilia, purchases a valuable piece of jewelry from another trader, Brutus. Weeks later, a noblewoman named Livia approaches Aemilia, asserting that the jewelry was stolen from her family and demands its return. Aemilia, in turn, sends a formal written notice to Brutus, informing him of Livia's claim to the jewelry. This act of Aemilia notifying Brutus about the third-party claim is an example of litem denuntiare.

  This example demonstrates the second scenario, where a buyer (Aemilia) formally informs the seller (Brutus) about a third party's (Livia's) claim to the purchased item, alerting the seller to a potential dispute over ownership.