Legal Definitions - sine vi aut dolo

The Latin phrase sine vi aut dolo is a historical legal term meaning without force or fraud. It signifies that a transaction, agreement, or action was carried out freely and honestly, with all parties acting voluntarily and without any form of coercion, intimidation, or deception.

Here are some examples to illustrate this concept:

• Business Acquisition: Imagine a large corporation acquiring a smaller startup company. For this acquisition to be considered sine vi aut dolo, it means the larger corporation did not threaten the startup's founders into selling their company, nor did they misrepresent their financial health or future plans to trick the founders into an unfavorable deal. Both parties would have entered into the agreement based on genuine negotiation and truthful information, free from any undue pressure or trickery.

• Execution of a Will: Consider an elderly individual creating or updating their last will and testament. For the will to be valid sine vi aut dolo, it must be clear that no family member or caregiver coerced the individual into changing beneficiaries against their true wishes. Furthermore, the individual must not have been deceived about the contents of the will they were signing. Their decisions regarding their estate must be entirely their own, made without any form of duress or fraudulent influence.

• Land Sale Agreement: Suppose two private citizens agree to the sale of a piece of undeveloped land. If the transaction proceeds sine vi aut dolo, it implies that the seller did not hide significant defects about the land (like undisclosed environmental contamination or a hidden easement) to trick the buyer into purchasing it. Conversely, the buyer did not use threats or intimidation to force the seller into accepting a price far below market value. Both parties would have engaged in the sale willingly, with full and honest disclosure of all relevant facts.