A clausula is a sentence or part of a sentence in a written document or law. In Roman law, a clausula codicillaris is a codicil that is confirmed by a will and functions as part of the will. Even without a will, an unconfirmed codicil can still contain effective directives. A clausula derogativa is a clause that removes or limits something. The clausula rebus sic stantibus refers to a clause that allows for changes in a contract if certain conditions are met. The clausula tenoris is a clause in a charter that describes the nature of a tenure.
A clausula refers to a sentence or part of a sentence in a written document or law. It can also refer to a codicil, which is a legal document that modifies or adds to an existing will. Examples include clausula codicillaris, which is a codicil confirmed by a will and operates as part of the will, making its directives legally binding. Clausula derogativa is a derogatory clause that limits or takes away rights, while clausula rebus sic stantibus allows for a contract to be modified or terminated in the event of significant changes in circumstances. Lastly, clausula tenoris describes the nature of a tenure, such as leasehold or freehold.
A clausula is a legal term that refers to a specific clause or provision within a contract or legal document.
A clausula is typically a specific provision that addresses a particular issue or requirement within a contract, while other clauses may cover more general terms and conditions.
Yes, a clausula can be modified or removed from a contract if both parties agree to the changes and formally amend the contract.
If a clausula is breached, the party that has been harmed by the breach may be entitled to seek legal remedies, such as damages or specific performance, depending on the nature of the breach and the terms of the contract.
Yes, clausulas are generally enforceable in court as long as they meet the requirements of a valid contract and are not against public policy or illegal.
In most cases, a clausula cannot be added to a contract after it has been signed unless both parties agree to the addition and formally amend the contract.
Yes, a clausula must comply with applicable laws and regulations, and it should not be unconscionable or unfairly disadvantage one party over the other.
Interpretation of a clausula can vary depending on the specific language used and the context of the contract. If there is a dispute over the interpretation, it may be resolved through negotiation, mediation, or ultimately, by a court of law.
Yes, a clausula can be challenged in court if one party believes it is invalid, unenforceable, or unfair. The court will evaluate the arguments presented by both parties and make a determination based on the applicable laws and contract principles.
It is always advisable to consult with a lawyer before including any clausula or provision in a contract to ensure that it is legally sound, properly drafted, and meets your specific needs and objectives.
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: 16th April 2024.
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