Legal Definitions - utilis

Utilis is a term originating from civil law that describes something as useful, beneficial, or equitable (fair and just).

It refers to an outcome, action, or principle that serves a practical purpose, provides an advantage, or ensures fairness in a legal or societal context.

• Example 1: Resolving a Neighborhood Dispute

  Imagine two neighbors, Sarah and Tom, who share a common fence that is falling apart. The property deeds are unclear about who is responsible for its repair. A local mediator, applying principles similar to utilis, might propose a solution where Sarah and Tom split the cost of a new fence. This outcome is considered utilis because it is useful in resolving their conflict, beneficial to both by providing a secure boundary, and equitable as it fairly distributes the responsibility and cost.

• Example 2: Interpreting a Vague Contract Clause

  Consider a business contract between a software developer and a client. A clause about "future updates" is vaguely worded. When a dispute arises over whether a major new feature counts as an "update," a court might interpret the clause in a way that is utilis. This means the interpretation would aim for a result that is beneficial to the overall purpose of the contract (e.g., ensuring the software remains functional and competitive), useful for both parties in continuing their business relationship, and equitable by not unduly burdening one party over the other based on an ambiguous term.

• Example 3: Crafting Public Policy

  A city council is drafting new regulations for urban development, specifically regarding green spaces in new construction projects. They want to ensure the regulations are utilis for the community. This means the rules should be useful for promoting environmental sustainability, beneficial for the health and well-being of residents by providing recreational areas, and equitable in their application across different development zones, ensuring all neighborhoods can benefit from accessible green spaces.