Ad non executa is a Latin term meaning “for things not executed”. It pertains to tasks that were not carried out by the designated person, such as an executor who failed to fulfil their responsibilities. Adnotatio is a Latin term denoting a note written in the margin of a document. This could be a response from an emperor to a petition or a simple annotation added to a legal document. Rescript is a term with multiple meanings. It can refer to a judge’s written order explaining how to handle a case or a decision from an appellate court that is sent to the trial court. In ancient Rome, it was also used to describe a written response from an emperor or Pope to a legal inquiry or petition.
The term “rescript” refers to a note written in the margin of a document, such as the reply of an emperor to a petition addressed to him. It can also be a judge’s written order, an appellate court’s decision, or a Roman emperor’s or a Pope’s written answer to a legal inquiry or petition. The examples provided illustrate these different forms of rescripts.
“Ad non executa” is a Latin phrase that translates to “to things not executed.” It refers to a legal principle that allows a court to set aside or invalidate a contract or agreement that has not been fully performed or executed.
A court can invoke the principle of “ad non executa” when one party fails to fulfill their obligations under a contract or agreement. This failure to perform can be a breach of contract, non-payment, or any other violation of the terms agreed upon.
When “ad non executa” is invoked, the court may declare the contract or agreement null and void. This means that both parties are released from their obligations and any performance or payment already made may need to be returned or compensated.
Yes, “ad non executa” can be used as a defence by a party who has not fulfilled their obligations under a contract. They can argue that the contract should be set aside due to the other party’s failure to perform.
Yes, “ad non executa” can be applicable to all types of contracts, including employment contracts, lease agreements, purchase agreements, and more. It depends on the specific circumstances and the court’s interpretation of the contract.
Yes, “ad non executa” can still be invoked even if there is a valid reason for non-performance. However, the court will consider the circumstances and the reason behind the non-performance when making a decision.
Yes, “ad non executa” can be invoked if the non-performance is due to unforeseen circumstances. However, the court will assess whether the circumstances were truly unforeseeable and if the non-performing party took reasonable steps to mitigate the impact.
Yes, “ad non executa” can be invoked if the non-performance is intentional. The court will consider the intention behind the non-performance and may impose additional penalties or damages on the non-performing party.
Yes, “ad non executa” can be invoked if the non-performance is due to force majeure, which refers to unforeseeable events beyond the control of the parties involved. However, the court will assess the validity of the force majeure claim and its impact on the contract.
Yes, “ad non executa” can be invoked if the non-performance is due to financial difficulties. However, the court will consider the financial circumstances of the non-performing party and may require them to provide evidence of their inability to fulfill their obligations.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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