Legal Definitions - obstante

Obstant is a Latin term meaning "withstanding" or "hindering." In legal contexts, it refers to something that stands in the way of, obstructs, or prevents an action, outcome, or interpretation. It is most commonly encountered in the phrase "non obstante," which means "notwithstanding" or "despite any hindrance," indicating that a particular factor or condition does not prevent a certain result.

• Example 1: Contractual Agreements

  Imagine a business contract for a software development project. The contract states that the final payment is due upon successful completion and client acceptance. However, there's a specific clause that says, "Non obstante (notwithstanding) any minor bugs discovered during the initial testing phase, a milestone payment of 50% of the total fee shall be made by June 1st."

  Explanation: In this scenario, the "minor bugs" would ordinarily be an obstant factor – something that might hinder or delay the payment. However, the "non obstante" clause ensures that the milestone payment proceeds on schedule, *despite* the presence of those minor issues that would otherwise stand in the way of full payment.

• Example 2: Legislative Acts

  Consider a new state law designed to streamline the permitting process for renewable energy projects. This law includes a provision stating, "The provisions of this Act shall apply non obstante (notwithstanding) any conflicting local zoning ordinances currently in effect."

  Explanation: Here, the existing "local zoning ordinances" are the obstant elements – they could potentially hinder or prevent the new state law from being fully implemented in certain areas. The "non obstante" language clarifies that the new state law takes precedence and applies *despite* any local rules that might otherwise obstruct its purpose.

• Example 3: Court Orders and Rulings

  A court issues a broad injunction prohibiting a company from transferring any of its assets during ongoing litigation. Later, the company files an emergency motion, and the court grants a specific order allowing the sale of a single, depreciating piece of equipment to cover immediate payroll, stating, "This specific sale is permitted non obstante (notwithstanding) the general asset freeze order."

  Explanation: The initial "general asset freeze order" acts as the obstant factor, hindering any asset transfers. The subsequent court order, using "non obstante," allows a very specific action (the sale of one piece of equipment) to proceed *despite* the broader prohibition that would otherwise stand in its way.