Legal Definitions - nomine poenae

Nomine poenae is a legal term that means "in the name of penalty." In civil law, it refers to a clause in a will that requires the heir to do something as a penalty. In common law, it refers to a penalty for not fulfilling certain conditions in a lease.

For example, if a wealthy person leaves a will that requires their heir to donate a certain amount of money to charity every year, and if the heir fails to do so, they will be penalized. This penalty is called nomine poenae.

In another example, if a tenant signs a lease agreement that requires them to maintain the property in good condition, and they fail to do so, the landlord may impose a penalty in the form of additional rent. This penalty is also called nomine poenae.

These examples illustrate how nomine poenae is used in different legal contexts to enforce compliance with certain obligations and to deter noncompliance.