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Legal Definitions - persona proposita

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Definition of persona proposita

Persona proposita refers to the specific person who is the subject of a legal action, inquiry, or proposal. It identifies the particular individual being discussed, considered, or targeted within a legal context.

  • Example 1: Estate Planning

    Imagine a person creating a will that leaves a specific antique to their eldest niece. In the legal drafting of the will, the niece would be referred to as the persona proposita for that particular bequest, clearly identifying her as the intended recipient of the antique.

    This illustrates persona proposita because the niece is the specific "person proposed" or "person in question" to receive that particular item in the will.

  • Example 2: Contract Negotiations

    Consider a situation where a company is negotiating a new employment contract for a senior executive. The terms and conditions of the contract are specifically tailored for this individual. In internal legal discussions or early drafts, the executive would be the persona proposita around whom the contract is being built.

    Here, the executive is the particular individual who is the focus and subject of the employment agreement, making them the persona proposita.

  • Example 3: Regulatory Compliance

    Suppose a government agency is investigating a complaint about a specific individual's professional conduct, such as a doctor accused of malpractice. The investigation would center on gathering evidence and making findings about this particular doctor, who would be the persona proposita of the inquiry.

    The doctor is the specific "person in question" whose professional actions are being legally examined by the regulatory body, thus fitting the definition of persona proposita.

Simple Definition

Persona proposita refers to the specific individual who is the subject of a legal inquiry, action, or determination. This term identifies the person around whom a legal matter revolves, particularly in contexts involving lineage, inheritance, or legal status.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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