Legal Definitions - pro non adjecto

Pro non adjecto is a Latin legal principle that translates to "as if not added" or "as not included." It refers to a situation where a specific provision, clause, or statement within a legal document (such as a contract, will, or deed) is considered legally null, void, or irrelevant, even though it is physically present in the text. The law treats this particular part as if it had never been written or included in the first place, allowing the remainder of the document to remain valid and enforceable.

This principle is often applied when a provision is:

• Illegal or contrary to public policy.
• Impossible to perform or fulfill.
• Contradictory to other essential parts of the document.
• Superfluous or meaningless in a legal context.

Here are some examples to illustrate this concept:

• Example 1: An Illegal Clause in a Contract

  Imagine a rental agreement between a landlord and a tenant. One clause in the agreement states, "The tenant waives all rights to a habitable living environment, regardless of the property's condition." Local housing laws universally require landlords to provide habitable living conditions, and tenants cannot legally waive this fundamental right. A court reviewing this contract would likely treat the clause about waiving habitable living rights pro non adjecto. This means that while the clause is physically written in the contract, it has no legal effect, and the tenant still retains their right to a habitable home. The rest of the rental agreement, such as the rent amount and lease term, would remain valid.

• Example 2: An Impossible Condition in a Will

  Consider a will that includes a bequest: "I leave my antique clock collection to my nephew, provided he can fly to the moon and back within one year of my death." The condition of flying to the moon and back is currently impossible for an individual to fulfill. A court would treat this impossible condition pro non adjecto. The condition would be disregarded, and the nephew would inherit the antique clock collection without needing to perform the impossible act. The rest of the will's provisions would be executed as written.

• Example 3: A Superfluous Statement in a Property Deed

  A property deed transferring ownership of a house from Seller A to Buyer B contains a statement: "And the Seller also declares that all cats are secretly planning world domination." This statement, while present in the document, is entirely irrelevant to the legal transfer of property, has no bearing on the rights or obligations of the parties, and carries no legal weight. A court or legal professional would treat this statement pro non adjecto. It would be ignored for all legal purposes, allowing the property transfer to proceed based on the valid and relevant clauses of the deed.