Legal Definitions - per verba de futuro

Per verba de futuro

This Latin phrase translates to "by words in the future tense." In legal contexts, it describes an agreement or promise that is expressed in terms indicating an action or event will take place at some point in the future, rather than an action or state that is happening immediately. Historically, this distinction was crucial in determining when certain agreements, particularly promises to marry, became legally binding.

• Imagine a homeowner telling a contractor, "I will hire you to renovate my kitchen next spring, provided your bid is competitive."

  This statement is an example of per verba de futuro because the homeowner's commitment to hire is explicitly set for a future time ("next spring") and is conditional. The agreement to hire is not immediate but is a promise for a future action.

• Consider a university admissions committee informing an applicant, "We will offer you a place in our program once we receive your final transcript and verify your grades."

  Here, the university's intention to offer admission is stated in the future tense ("will offer") and is contingent upon a future event (receiving and verifying the transcript). The actual offer is not made in the present but is promised for a future moment, illustrating an agreement per verba de futuro.

• Think of a business negotiation where one party says to another, "We will sign the final contract for the merger once our legal teams have completed their due diligence."

  This statement expresses a clear intent to enter into a contract, but the act of signing is explicitly deferred to a future time, after a specific condition (due diligence completion) is met. This commitment to a future action exemplifies an agreement made per verba de futuro.