Legal Definitions - secundum formam chartae

secundum formam chartae

This Latin phrase, historically used in legal contexts, translates to "according to the form of the charter." It refers to the principle of strictly adhering to the specific terms, conditions, or procedures laid out in a foundational legal document, such as a deed, grant, or formal agreement. Essentially, it means acting precisely as the governing document dictates.

• Example 1: Historical Land Grant

  Imagine a historical scenario where a monarch granted a parcel of land to a noble family through a formal charter. This charter might have specified that the land was to be used exclusively for agricultural purposes and that a certain percentage of its produce must be contributed to the crown each year. If a later generation of the noble family decided to convert the land into a mining operation and ceased all agricultural contributions, they would not be acting secundum formam chartae, as they would be violating the original terms set forth in the foundational grant document.

• Example 2: Modern Corporate Governance

  Consider a modern non-profit organization whose articles of incorporation (which serve as its foundational charter) explicitly state that its mission is to provide free medical services to underserved communities. The articles also detail that all donations received must be allocated directly to patient care and medical supplies. If the organization's board of directors later decides to use a substantial portion of donor funds to invest in real estate or to pay excessive executive salaries, they would not be operating secundum formam chartae, because their actions would deviate from the core purpose and financial directives established in their founding document.

• Example 3: Homeowners' Association Bylaws

  A homeowners' association (HOA) is governed by a set of bylaws and covenants, which function as its charter. These documents often include specific rules, such as requiring homeowners to obtain approval from an architectural review committee before making any exterior modifications to their homes, or dictating specific types of fencing allowed. If a homeowner decides to build a fence of a prohibited material and height without seeking or receiving the necessary approval, they are not acting secundum formam chartae, as they are failing to adhere to the established rules and procedures outlined in the HOA's governing documents.