Delectus personae, a Latin phrase meaning “choice of the person,” refers to the principle that individuals cannot be compelled to associate with individuals they do not wish to. This rule recognises the significance of personal relationships and grants individuals the right to select their business partners and reject those they do not favor.
The term “Delectus personae” in Latin means “choice of the person,” which refers to the principle that personal relationships cannot be forced upon an individual. This is particularly relevant in situations where personal relationships are crucial, such as in a business partnership. In such cases, a person has the right to accept or reject a proposed partner to ensure that they can work well together.
A delegate is someone who represents or acts on behalf of another person or group. In parliamentary law, a delegate is a voting member of a convention. If you are unable to attend a convention, you can send a delegate to vote on your behalf. There are two types of delegates: instructed and uninstructed. An instructed delegate is obligated to vote according to the expressed wishes of their constituency, while an uninstructed delegate may vote according to their conscience. The delegate will represent your interests and vote accordingly.
Delectus Personae is a Latin phrase that translates to “choice of person.” In legal terms, it refers to the principle that allows parties to a contract to select specific individuals or entities to fulfill their obligations under the agreement.
Yes, Delectus Personae can be applied to any type of contract where the personal qualities, skills, or reputation of a specific individual or entity are crucial to the performance of the contract.
If the chosen person or entity becomes unable to fulfill their obligations in a Delectus Personae contract, it may result in a breach of contract. The non-breaching party may be entitled to seek remedies such as damages or specific performance, depending on the terms of the contract and applicable laws.
Yes, a Delectus Personae clause can be included in a contract without explicitly mentioning the term. The clause can be drafted in a way that clearly indicates the intention to select a specific individual or entity for performance, even if the Latin phrase is not used.
Generally, obligations under a Delectus Personae contract cannot be assigned or transferred to another person or entity without the consent of all parties involved. This is because the personal qualities or reputation of the chosen individual or entity are integral to the contract.
Yes, a Delectus Personae clause can be waived or modified if all parties involved agree to the changes. However, it is important to ensure that any modifications are properly documented and legally binding.
While Delectus Personae clauses are generally enforceable, there may be legal limitations depending on the jurisdiction and the specific circumstances of the contract. It is advisable to consult with a legal professional to ensure compliance with applicable laws.
Yes, a Delectus Personae clause can be challenged in court if one party believes that the clause is being unfairly enforced or if there are valid reasons to argue for its invalidity. The court will consider various factors, including the intentions of the parties and the overall fairness of the contract.
Yes, there are alternatives to a Delectus Personae clause, such as including specific performance provisions or requiring the chosen person or entity to maintain certain qualifications or standards throughout the contract term.
To ensure the enforceability of a Delectus Personae clause, it is crucial to clearly define the personal qualities, skills, or reputation that are essential for performance. Additionally, it is advisable to seek legal advice and carefully draft the clause to comply with applicable laws and regulations.
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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