Legal Definitions - nisi aliud convenerit

Nisi aliud convenerit is a Latin phrase that translates to "unless it has been otherwise agreed" or "unless something else has been agreed to."

This legal principle signifies that a particular rule, condition, or understanding will apply by default in a given situation, unless the parties involved have specifically negotiated and mutually consented to a different arrangement. It emphasizes the freedom of individuals or entities to override standard provisions or default rules through their own specific agreements.

Here are some examples to illustrate this concept:

• Business Contract Payment Terms: Imagine a standard contract for a freelance graphic designer states that payment for services is due within 30 days of invoice receipt. This is the default term. However, for a long-standing client with whom the designer has built trust, they might agree to a different payment schedule, such as payment within 60 days or a staggered payment plan. In this scenario, the 30-day payment term applies nisi aliud convenerit – unless the designer and client have specifically agreed to a different payment arrangement.

• Rental Property Maintenance: A typical residential lease agreement often specifies that the landlord is responsible for major structural repairs to the property, such as roof replacement or foundation issues. This is the standard expectation. However, in a specialized commercial lease, particularly a "triple net lease," the tenant might explicitly agree to take on responsibility for all repairs, including structural ones. Here, the landlord's default responsibility for major repairs would not apply because the parties have nisi aliud convenerit – they have otherwise agreed to a different allocation of maintenance duties.

• Software Licensing Agreement: A standard software license might grant the user permission to install the software on a single computer. This is the default usage right. However, a company purchasing multiple licenses might negotiate a "site license" that permits installation on all computers within their office, or a "floating license" that allows a certain number of concurrent users across multiple machines. The single-computer installation rule applies nisi aliud convenerit – unless the software provider and the user have agreed to a different, more expansive licensing arrangement.