Legal Definitions - nuncupare

Nuncupare is a historical legal term meaning to name or pronounce something orally. Historically, it often referred to the act of verbally declaring or designating, such as naming an heir before witnesses.

Nuncupare is a historical term referring to the act of naming or declaring something orally, often in a formal or public setting.

Here are some examples to illustrate this concept:

• Imagine a scenario in an ancient community where a tribal leader, nearing the end of their life, wished to designate their successor. They might gather the elders and members of the tribe and nuncupare the name of the individual chosen to lead after them. This oral declaration, made publicly and witnessed by many, would serve as the formal and binding appointment of the new leader.

  This illustrates nuncupare because it involves the formal, oral naming of a successor, intended to be recognized and respected by the community.

• Consider a historical legal practice where a person wanted to make a specific charitable donation that would take effect after their death, but without a written will. They might nuncupare their intention by orally declaring before several witnesses that a certain portion of their estate should go to a particular charity or individual. This public pronouncement, though not written, could hold significant weight in some legal traditions.

  This example demonstrates nuncupare as it involves the oral declaration of a specific intention or gift, made formally and publicly to establish its validity.

• In a historical military context, before a significant battle, a commander might nuncupare a specific award or honor for the soldier who performs an act of extraordinary bravery. By publicly proclaiming the nature of the award and the conditions for earning it to the assembled troops, the commander formally establishes the promise and motivates their soldiers.

  Here, nuncupare is shown through the commander's formal, oral pronouncement of a future honor, making it a public commitment.