Legal Definitions - per tacitam reconventionem

Per tacitam reconventionem refers to the legal principle where an existing contract is renewed or extended for another period, not through an explicit new agreement, but through the implied actions or inaction of the parties involved. It signifies a "tacit renewal of the contract," meaning the continuation of the agreement is understood or presumed because neither party has indicated a desire to terminate it, and their conduct suggests they intend for it to continue under the original terms.

Here are some examples to illustrate this concept:

• Residential Lease Agreement:

  Imagine a tenant has a one-year lease for an apartment. The lease agreement states that if neither the tenant nor the landlord provides written notice to terminate the lease 30 days before its expiration, the lease will automatically convert to a month-to-month tenancy under the same terms.

  How it illustrates the term: If the one-year term ends, and the tenant continues to live in the apartment and pay rent, and the landlord continues to accept the rent without a new written agreement, this is an example of per tacitam reconventionem. The original one-year contract is tacitly renewed on a month-to-month basis because both parties' actions (the tenant paying rent and the landlord accepting it) imply their agreement to continue the tenancy, even without signing a new formal document.

• Annual Software Subscription:

  A graphic design studio subscribes to a specialized design software under an annual contract. The terms of service specify that the subscription will automatically renew for another year unless the studio cancels its service within 45 days of the renewal date.

  How it illustrates the term: If the design studio continues to use the software past the renewal deadline and does not submit a cancellation notice, and the software provider continues to grant access and charges the annual fee, this constitutes per tacitam reconventionem. The original annual service contract is tacitly renewed for another year because the studio's inaction (not canceling) and continued use, coupled with the provider's continued service, imply an agreement to extend the contract under its existing terms.

• Commercial Storage Unit Rental:

  A small business rents a storage unit under a six-month contract to store excess inventory. The contract includes a clause stating that if the business continues to occupy the unit and pay the monthly fee after the initial term, the agreement will automatically continue on a month-to-month basis.

  How it illustrates the term: After the initial six months, if the business continues to store its items in the unit and makes the monthly payments, and the storage facility continues to accept these payments and provide access, the contract has been renewed per tacitam reconventionem. The continuation of the agreement is implied by the actions of both parties – the business's continued occupation and payment, and the facility's acceptance of payment and provision of service – without the need for a new written agreement.