Legal Definitions - sub modo

Sub modo is a Latin phrase that translates to "subject to a mode or manner," or more commonly, "subject to conditions or qualifications." When something is described as being granted, held, or existing sub modo, it means that its full effect, validity, or enjoyment is dependent upon specific terms, restrictions, or prerequisites being met or observed.

• Imagine a scenario where a wealthy individual donates a large tract of land to a city for the creation of a public park. The donation agreement specifies that the land is given sub modo that the city maintains it exclusively as a green space, prohibits commercial development, and ensures public access during daylight hours. If the city were to violate these conditions—for instance, by allowing a private developer to build a restaurant on a portion of the park—the original donor or their heirs might have a legal basis to reclaim the property or enforce the original terms.

  This example illustrates sub modo because the city's ownership and use of the land are not absolute; they are qualified by and dependent upon fulfilling the specific conditions set forth by the donor.

• Consider a software company that licenses its proprietary technology to another firm. The licensing agreement states that the licensee can use the technology sub modo that they pay quarterly royalties, do not reverse-engineer the software, and only use it within a specified geographic region. If the licensee fails to make royalty payments or attempts to modify the core code, they would be in breach of the conditions, and their right to use the technology could be revoked.

  Here, the licensee's right to use the software is held sub modo, meaning it is contingent upon their adherence to the specific terms and restrictions outlined in the licensing agreement.

• A local government might approve a developer's plan to build a new housing complex sub modo that the developer includes a certain percentage of affordable housing units, contributes to local infrastructure improvements (like road upgrades or school expansions), and implements specific environmental protection measures during construction. The building permits would only be issued and remain valid as long as these conditions are met and maintained throughout the project.

  This demonstrates sub modo because the developer's approval to proceed with the project is not unconditional; it is qualified by and subject to their compliance with the specific requirements imposed by the government.