Legal Definitions - si petatur tantum

si petatur tantum

This Latin phrase translates to "if asked only" or "if requested only."

In legal contexts, si petatur tantum describes an obligation or payment that is not automatically due but becomes enforceable only if a specific demand or request is made. Often, this demand must occur within a particular timeframe. If the request is not made, or not made within the specified period, the obligation may lapse, and the party who would have owed the duty is no longer liable.

Here are some examples to illustrate this concept:

• Example 1: Annual Membership Dues

  Imagine a professional association whose bylaws state that a special annual contribution for its research fund is due from members si petatur tantum by the treasurer before December 31st of each year. If the treasurer does not send out a formal request or invoice for this contribution by the specified date, members are not obligated to pay it for that particular year. The duty to pay only arises if the request is made within the stipulated timeframe.

• Example 2: Lease Agreement Clause

  Consider a commercial lease agreement that includes a provision for a small additional fee for shared utility maintenance, but only if the landlord specifically requests it from the tenant by April 1st of each year. If the landlord forgets or chooses not to issue this request by April 1st, the tenant is not liable for that maintenance fee for the current year. The fee is conditional upon the landlord's timely demand.

• Example 3: Software License Upgrade

  A software company might offer its business clients an optional premium support package, stating that the additional annual fee for this package is payable si petatur tantum by the client within 30 days of their license renewal. If a client does not actively request to add this premium support within that 30-day window, they are not charged for it, and the company cannot retroactively demand payment for it later in the year. The obligation to pay for the upgrade only exists if the client makes a timely request.