Legal Definitions - litura

In legal contexts, particularly those involving formal documents, a litura refers to an unauthorized or unexplained alteration, such as a blot, erasure, or crossing out, found within a written instrument.

This term originates from Roman law and highlights any physical change to a document that could cast doubt on its original content, authenticity, or the intent of the parties involved. Such alterations can raise significant legal questions about the validity and enforceability of the document.

• Imagine a scenario where a person has prepared their last will and testament by hand. After signing it, they decide to change who inherits a specific valuable antique. They take a pen and visibly cross out the original beneficiary's name and write a new name above it, but they do not initial the change, nor is the alteration witnessed by the required parties. This unexplained crossing out would be considered a litura, potentially making that specific provision of the will legally questionable or invalid.

• Consider a signed business contract between two companies for a major service. Weeks after signing, one party notices that a critical clause detailing the payment schedule has a section that appears to have been heavily blotted out with ink, making the original text completely illegible. There is no accompanying initialing by either party next to the blot, nor any formal amendment document. This ink blot, obscuring a vital part of the agreement, constitutes a litura, creating ambiguity and potential disputes regarding the agreed-upon payment terms.

• Suppose a property owner is reviewing the official deed to their land. They discover that a specific detail, such as the exact boundary description or a particular easement right, has been visibly erased and then rewritten in a different handwriting, without any official notation, date, or signature acknowledging the change. This unauthorized erasure and subsequent rewrite on a formal property deed would be a litura, potentially challenging the legal clarity and validity of the property's recorded details.