Legal Definitions - per voluntatem hominis

Per voluntatem hominis is a Latin legal phrase that translates to "by the will of man" or "by the will of a person." Historically, this term was used to emphasize that a particular legal action, outcome, or arrangement was not dictated by law or custom, but rather originated from the deliberate intention, choice, or desire of an individual. It highlights the voluntary and intentional nature of an act, especially in situations where a person's wishes directly shape legal consequences, such as in the creation of a will or a contract.

Here are some examples to illustrate this concept:

• Example 1: Creating a Will

  A person writes a will specifying that their valuable art collection should be donated to a local museum, while their financial assets are to be divided equally among their children. This entire distribution plan is made "per voluntatem hominis" because it reflects the testator's (the person making the will) specific and deliberate choices. The will's provisions are entirely shaped by the individual's personal desires, rather than a default legal rule of inheritance that would apply if no will existed.

• Example 2: Forming a Business Partnership Agreement

  Two entrepreneurs decide to start a new technology company. They draft a detailed partnership agreement that outlines their respective responsibilities, profit-sharing ratios, decision-making processes, and exit strategies. The specific terms of this agreement are established "per voluntatem hominis" because they are the direct result of the partners' collective and voluntary agreement. They chose to define their own operational framework rather than simply relying on general business laws, demonstrating their shared will in shaping their legal and business relationship.

• Example 3: Establishing a Charitable Foundation

  A philanthropist decides to create a private charitable foundation dedicated to funding scientific research into rare diseases. They personally dictate the foundation's mission, its governance structure, the criteria for grant applications, and the initial endowment amount. The specific conditions and operational guidelines of this foundation are determined "per voluntatem hominis." The individual creating the foundation has exercised their personal will to dictate precisely how and when the assets will be used to achieve their specific philanthropic goals, imposing conditions that reflect their personal values and intentions.