Legal Definitions - verba concepta

Verba concepta refers to specific, pre-determined words or phrases that must be used exactly as prescribed in a legal or formal context, without alteration or deviation. These are fixed forms of words where the precise wording is critical for the legal validity or effect of an action, statement, or document.

Here are some examples to illustrate this concept:

• Judicial Oaths: When a witness takes the stand in a courtroom, they are typically required to repeat a specific oath, such as "I swear to tell the truth, the whole truth, and nothing but the truth, so help me God." The witness cannot substitute these words with a personal promise like "I will try my best to be honest." The legal system demands the exact verba concepta of the oath for the testimony to be formally recognized and for the witness to be subject to penalties for perjury.
• Statutory Warnings and Disclaimers: Many laws mandate that certain products or services include specific warnings or disclaimers using exact language. For instance, a pharmaceutical company might be legally required to print a specific health warning on a medication label, or a financial institution might need to include a precise disclosure statement in a loan agreement. The company cannot paraphrase these warnings or disclosures; they must use the precise verba concepta dictated by the statute to ensure legal compliance and avoid penalties.
• Formal Language in Property Deeds: In some legal systems, for a property deed to effectively transfer certain rights or create specific legal interests (like a life estate or a fee simple), it must contain particular "words of art" or phrases. For example, a deed might need to include phrases like "grant, bargain, and sell" or "to have and to hold" in specific contexts. Deviating from these precise verba concepta could alter the legal nature of the transfer, invalidate it, or lead to unintended consequences regarding property ownership.