Legal Definitions - REG. GEN.

REG. GEN. is an abbreviation for REGULA GENERALIS, a Latin term meaning "general rule." In a legal context, it refers to a broad principle or standard that applies widely across various situations unless a specific exception or more particular rule dictates otherwise. It represents a default or overarching guideline that informs legal interpretation and application.

Here are some examples to illustrate this concept:

• Contract Formation: The regula generalis in contract law is that for a contract to be legally binding, there must be an offer, acceptance, and consideration. For instance, if a company offers to sell a product at a certain price, and a customer unequivocally agrees to buy it at that price, a contract is generally formed. However, if the customer tries to negotiate a different price, that's a counter-offer, and the general rule of simple acceptance is not met.

  Explanation: This example demonstrates a fundamental principle of contract law. Unless there's a specific legal provision or prior agreement that alters these requirements (e.g., an option contract where an offer is kept open for a fee), these three elements are generally necessary for a valid contract.

• Property Ownership: As a regula generalis in property law, the owner of a piece of land is presumed to own everything extending upwards into the air and downwards into the earth beneath their property. So, if you own a suburban house, you generally have rights to the airspace directly above your roof and the ground beneath your foundation.

  Explanation: This illustrates a broad principle of real estate ownership. While there are specific exceptions (such as rights of aircraft in navigable airspace or government claims to certain mineral rights), the general rule establishes the default scope of land ownership.

• Criminal Liability: In criminal law, a regula generalis is that a person cannot be held criminally liable for an act unless they had a guilty mind (mens rea) in addition to committing the guilty act (actus reus). For example, if someone accidentally bumps into another person, causing them to drop and break an expensive item, they typically wouldn't be charged with a crime like vandalism because there was no intent to cause harm or damage.

  Explanation: This highlights a core principle of criminal justice. While there are specific "strict liability" crimes that do not require a guilty mind, the general rule is that both the act and the intent must be present for most criminal offenses.