Legal Definitions - re infecta

Re infecta is a Latin legal phrase that historically describes a situation where an intended action, task, or performance has not been completed or has failed. It literally means "the thing not having been done" or "the performance having failed." This term is typically encountered in historical legal texts or discussions about past legal principles, signifying that a planned outcome or obligation was never brought to fruition.

Here are some examples to illustrate the concept of re infecta:

• Example 1: Unfulfilled Contractual Condition

  Imagine a scenario where a property developer agrees to purchase a parcel of land, but the contract includes a critical condition: the developer must first secure all necessary environmental permits for their planned construction within six months. If, after six months, the developer has been unable to obtain these permits due to unforeseen regulatory hurdles, the land purchase cannot proceed as originally intended.

  How it illustrates re infecta: In this case, the "thing not having been done" is the fulfillment of the environmental permit condition. Because this performance failed, the overarching agreement to purchase the land remains re infecta; the intended transaction could not be completed.

• Example 2: Abandoned Legislative Initiative

  Consider a government committee that spends months drafting a comprehensive new bill aimed at reforming the national healthcare system. They hold public hearings, gather expert testimony, and prepare a detailed legislative text. However, before the bill can be formally introduced to the legislature for a vote, a sudden change in the ruling political party's leadership leads to a complete shift in policy priorities, and the bill is shelved indefinitely.

  How it illustrates re infecta: The "thing not having been done" is the successful passage and enactment of the healthcare reform bill. Despite significant effort, the performance (the legislative process culminating in a new law) failed to materialize, leaving the initiative re infecta.

• Example 3: Incomplete Public Works Project

  During the 19th century, a city council might have commissioned the construction of an elaborate new public market hall, complete with intricate stonework and a grand clock tower. Work begins, foundations are laid, and some walls are erected. However, a severe economic depression strikes the city, depleting public funds and causing the project to be halted permanently before completion.

  How it illustrates re infecta: The "thing not having been done" is the full construction of the market hall. The performance (the building project) failed due to external circumstances, meaning the grand vision for the market hall remained re infecta.