Legal Definitions - sine fraude

Sine fraude is a Latin term that translates to "without fraud." Historically, it describes an action, transaction, or statement that was conducted honestly, transparently, and without any intention to deceive, mislead, or gain an unfair advantage through trickery.

It signifies that all parties involved acted in good faith, providing accurate information and upholding their obligations without any hidden motives or dishonest practices.

• Example 1: A Business Partnership Agreement

  Imagine two entrepreneurs forming a new business. During the negotiation of their partnership agreement, they both fully disclose their financial assets, liabilities, and prior business dealings to each other. They openly discuss their expectations for profit sharing, responsibilities, and potential risks, ensuring all terms are based on complete and accurate information. This agreement is considered to be made sine fraude because both partners acted with full transparency and honesty, without attempting to conceal any relevant facts or mislead the other.

• Example 2: The Sale of a Used Vehicle

  When selling a used car, the seller provides the buyer with a comprehensive service history, points out a minor dent on the bumper, and honestly states that the air conditioning sometimes takes a few minutes to cool down. The seller does not try to hide any known issues or misrepresent the vehicle's condition. This transaction is conducted sine fraude because the seller has been upfront and truthful about the car's state, allowing the buyer to make an informed decision without being deceived.

• Example 3: A Settlement in a Legal Dispute

  In a civil lawsuit, two parties agree to a settlement outside of court. During the negotiation process, both sides present their evidence and arguments truthfully, without fabricating documents or making false claims to strengthen their position. They engage in good-faith discussions to reach a mutually acceptable resolution. This settlement is reached sine fraude because the parties have negotiated honestly, without resorting to deceit or misrepresentation to achieve a more favorable outcome.