Legal Definitions - res controversa

Res controversa is a Latin term used in civil law to refer to a matter that is in dispute or a point that is under question. It signifies an issue that is not yet settled and is subject to ongoing debate or legal argument.

Res controversa is a Latin term that refers to a matter or point that is currently in dispute, under debate, or unresolved, particularly within a legal context. It signifies an issue about which there is disagreement and which requires clarification or resolution.

Here are some examples to illustrate this concept:

• Imagine two business partners who are dissolving their company. They agree on most aspects of the dissolution, but they strongly disagree on the fair market value of a specific piece of intellectual property owned by the company. This disagreement over the intellectual property's valuation is a res controversa because it is a disputed point that needs to be settled before the dissolution can be finalized.

• Consider a civil lawsuit where a plaintiff claims they suffered injuries due to a defendant's negligence. While the defendant admits to being present at the scene, they dispute the extent of the plaintiff's injuries and whether their actions directly caused those injuries. The precise nature and causation of the plaintiff's injuries constitute a res controversa, as it is a central point of contention that the court must decide.

• In a family law case concerning child custody, both parents agree that they should share custody, but they cannot agree on which parent will have primary residential custody during the school year. This specific disagreement over the primary residential parent is a res controversa that the court will need to resolve in the best interest of the child.