Legal Definitions - secundum materiam subjectam

secundum materiam subjectam

This Latin phrase translates to "according to the subject matter." It refers to the principle that something should be understood, interpreted, or applied based on the specific topic, issue, or context it relates to.

• Example 1: Legal Jurisdiction

  Imagine a legal dispute involving a divorce and child custody. A family court, which specializes in domestic relations, would be the appropriate venue to hear this case, rather than a criminal court or a small claims court. The authority of the family court is determined secundum materiam subjectam – according to the specific subject matter of family law.

• Example 2: Contract Interpretation

  Consider a contract between two software companies that includes a clause about "intellectual property." If a dispute arises over what constitutes "intellectual property" in this agreement, a court would likely interpret the term secundum materiam subjectam. This means the interpretation would be guided by the common understanding and practices regarding intellectual property within the software industry, rather than a broad, general definition that might apply to other fields like manufacturing or literature.

• Example 3: Regulatory Compliance

  A pharmaceutical company develops both over-the-counter pain relievers and highly specialized prescription drugs for rare diseases. The regulatory approval process, testing requirements, and marketing restrictions for each product type are significantly different. The company must comply with distinct sets of regulations secundum materiam subjectam – applying the specific rules appropriate for an over-the-counter drug versus those for a specialized prescription medication.