Legal Definitions - si constet de persona

si constet de persona

This Latin phrase translates to "if the identity of the person is clear" or "if it is certain who the person is meant to be." In legal contexts, this principle emphasizes that for a legal document, instruction, or action to be valid, enforceable, or properly executed, there must be no ambiguity or doubt regarding the specific individual being referred to. If there is uncertainty about the person's identity, the condition of "si constet de persona" is not met, which can invalidate the instruction or action.

Here are some examples illustrating this concept:

• Example 1: A Vague Will Beneficiary

  Imagine a will that states, "I leave my antique watch collection to my eldest nephew." The testator (the person making the will) has three nephews, but two of them were born on the same day, making it unclear who is "the eldest." In this situation, the condition of si constet de persona is not met because it is not certain which specific nephew is intended to receive the watches. A court might find this provision too ambiguous to enforce, potentially leading to the watch collection being distributed differently, perhaps as part of the residuary estate.

• Example 2: An Unclear Contractual Party

  Consider a business contract for services that simply names "The Developer" as the party responsible for delivering a complex software project. However, there are multiple independent contractors and companies operating under similar names, and the contract doesn't provide a specific company registration number, full legal name, or a unique identifying address. If a dispute arises, it would be difficult to hold a specific entity accountable because it's not certain who "The Developer" refers to. The contract's enforceability against a particular party would be compromised because si constet de persona is not established.

• Example 3: A Court Summons with Insufficient Detail

  A court issues a summons for "Jane Doe" to appear as a witness in a trial. However, in a large city, there might be many individuals named Jane Doe. If the summons lacks additional identifying information such as a specific address, date of birth, or a unique identifier, it might be impossible to definitively serve the correct person or prove that the intended witness received the summons. For the court order to be effective and binding on the specific individual required to appear, it must be unequivocally clear who "Jane Doe" is, thereby satisfying the principle of si constet de persona.