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LSDefine
Simple English definitions for legal terms
non obstante
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A quick definition of non obstante:
Non obstante means "notwithstanding" in Latin. It was a doctrine used by the Crown of England to make certain documents, like grants or letters patent, valid even if they went against the law. This doctrine was abolished by the Bill of Rights. The phrase "non obstante" is also used in documents to make sure that the stated purpose is not interpreted in a way that goes against it.
A more thorough explanation:
Non obstante is a Latin term that means "notwithstanding". It has three different meanings:
- Historically, it was a doctrine used by the Crown of England to make certain documents, such as grants or letters patent, valid even if they went against the law. This doctrine was abolished by the Bill of Rights.
- It is a phrase used in documents to make sure that nothing in the document goes against its stated purpose or objective.
- Non Obstante Veredicto means "notwithstanding the verdict". It is a legal term used when a court sets aside a jury's verdict because it is not supported by the evidence.
For example, if a king wanted to grant land to someone, but there was a law that said the land could not be given away, the king could use the non obstante doctrine to make the grant valid. In modern times, a contract might include a non obstante clause to make sure that nothing in the contract goes against its intended purpose.