Legal Definitions - nomine poenae

Nomine Poenae refers to a clause or provision within a legal document that specifies a penalty for failing to perform a particular action or condition. Essentially, it's a consequence imposed "in the name of penalty" if a specific requirement isn't met. This concept can appear in various legal contexts, such as wills, trusts, or contracts.

• Example 1 (Estate Planning):

  A wealthy individual's will stipulates that their nephew will inherit a significant portion of their estate, but only if the nephew successfully completes a specific philanthropic project within two years of the individual's passing. The will further states that if the project is not completed on time, a substantial part of that inheritance will be redirected to a designated charity instead.

  Explanation: The redirection of a portion of the inheritance to charity serves as the nomine poenae. It is the penalty imposed on the nephew for failing to fulfill the condition of completing the philanthropic project as specified in the will.

• Example 2 (Commercial Contract):

  A software development company enters into a contract with a client to deliver a custom application by a specific date. The contract includes a clause stating that for every week the project is delayed beyond the agreed-upon deadline, the development company must pay the client a fixed sum as liquidated damages.

  Explanation: The fixed sum the development company must pay for each week of delay is the nomine poenae. It acts as a penalty for their non-performance in meeting the contractual deadline for the software delivery.

• Example 3 (Real Estate Agreement):

  A property owner leases a commercial space to a restaurant business. The lease agreement includes a provision requiring the tenant to maintain the exterior landscaping to a certain standard. If, after written notice, the tenant fails to rectify any deficiencies in the landscaping within 30 days, they will be charged an additional monthly fee until the standards are met.

  Explanation: The additional monthly fee charged to the tenant for failing to maintain the landscaping is the nomine poenae. It is a penalty for their non-compliance with the specific upkeep condition outlined in the lease agreement.