Legal Definitions - prout de lege

Prout de lege is a Latin legal phrase that translates to according to law. In practical legal application, it primarily refers to the principle that a legal matter, especially a point of proof, can be established using any and all legally permissible methods, rather than being restricted to a specific type of evidence or procedure. When a court allows "proof prout de lege," it means that a party can present a comprehensive range of evidence, including written documents, witness testimony, physical evidence, or other legally recognized forms of proof, to support their claims.

Here are some examples illustrating the application of "prout de lege":

• Business Partnership Dispute: Imagine two individuals who started a business together based on a handshake agreement and years of collaborative work, but without a formal written partnership contract. If a dispute arises and one partner sues the other, the plaintiff might need to establish the existence and terms of the partnership "prout de lege." This would involve presenting various forms of evidence, such as emails discussing business strategy, shared bank accounts, testimony from employees or clients who witnessed their joint operations, and financial records showing shared profits and losses. The court would consider all these diverse legal means to determine the nature of their partnership, rather than dismissing the case solely because a written contract is absent.

• Proving a Will's Validity: Consider a situation where a deceased person's will is being challenged, perhaps due to questions about the testator's mental capacity at the time of signing. To prove the will's validity "prout de lege," the executor or beneficiaries might present a combination of evidence. This could include the written will itself, testimony from the witnesses who were present during the signing, medical records indicating the testator's mental state, and sworn statements from family members or doctors confirming the testator's sound mind. The court would not be limited to just the document itself but would consider all legally admissible evidence to ascertain if the will was executed according to legal requirements.

• Establishing Customary Rights: In some jurisdictions, long-standing local customs can gain legal recognition. For instance, a community might claim a "right of way" across private land that has been used by the public for generations, even without a formal easement recorded in property deeds. To establish this customary right "prout de lege," the community could present a variety of evidence: historical maps showing the path, sworn affidavits from elderly residents testifying to its continuous use over decades, old photographs depicting people using the path, and even local historical society records. The court would weigh all these different forms of proof to determine if the customary right exists according to legal principles.