Legal Definitions - ubi dies cessit, licet nondum venerit

The Latin phrase ubi dies cessit, licet nondum venerit describes a legal principle where a right or obligation has been firmly established and is legally certain, even though the specific date or event for its actual performance, payment, or enforcement has not yet arrived.

In simpler terms, it means that the entitlement or duty is fixed and undeniable, but its practical realization or execution is postponed to a future point in time.

• Example 1: A Conditional Scholarship Offer

  Imagine a high school senior who receives an acceptance letter and a scholarship offer from a university in March. The scholarship is contingent on them maintaining a certain GPA until graduation and successfully enrolling in the fall semester. The student accepts the offer.

  How it illustrates the term: The student's right to the scholarship (the "day has yielded" or the entitlement is established) is legally certain once they accept the offer and meet the conditions. The university is obligated to provide it. However, the actual payment of the scholarship funds and the student's ability to utilize them (the "time has not arrived at which it may be exacted") will only occur when the fall semester begins and they are officially enrolled.

• Example 2: A Construction Contract with Phased Payments

  A homeowner hires a contractor to build an extension, agreeing to a contract that specifies the total cost and a payment schedule. The contract states that the homeowner is legally obligated to pay the full amount, but payments will be made in installments: 25% upon signing, 50% upon completion of the foundation, and the final 25% upon project completion.

  How it illustrates the term: The contractor's right to the full contract amount (the "day has yielded" or the entitlement is established) is legally binding the moment the contract is signed. The homeowner is obligated to pay the total sum. However, the contractor cannot demand the full payment immediately; the remaining installments (the "time has not arrived at which it may be exacted") are due at specific future milestones as the project progresses.

• Example 3: A Will and Testament

  A person creates a will, clearly stating that their valuable antique collection will be inherited by their niece. The will is properly executed and legally valid.

  How it illustrates the term: The niece's right to inherit the antique collection (the "day has yielded" or the entitlement is established) is legally certain once the will is validly made. However, the actual transfer of ownership and possession of the antiques (the "time has not arrived at which it may be exacted") will only occur after the person's death and the subsequent legal process of probate.