The phrase “Facio ut facias” in Latin translates to “I do that you may do.” It refers to a type of contract in civil law where one person agrees to perform a task or provide a service for another person, who in turn agrees to do something in return. This type of contract is known as an innominate contract and can include agreements such as marriage or exchanging work. The consideration, or what each person gives up, is categorized into four species, with the second species being “facio ut facias.” It can also involve an agreement to refrain from doing something in exchange for something done by the other party.
Facio ut facias is a contractual arrangement wherein two individuals mutually agree to perform tasks or services for one another. This can be exemplified by one person offering their assistance to another, who in turn agrees to reciprocate with their own assistance. Such contracts are also applicable in scenarios like marriage, where both parties commit to fulfiling certain obligations for each other. The key aspect of facio ut facias contracts is that both parties must consent to providing something of value to the other, which is known as consideration. For instance, if one person agrees to renovate their house, the other person agrees not to pursue legal action for any resulting damages. In essence, facio ut facias contracts serve as a means for individuals to establish mutually beneficial agreements. They are commonly encountered in civil law.
“Facio ut facias” is a Latin phrase that translates to “I do that you may do.” In legal terms, it refers to a principle where one party performs an action or fulfills a condition in order to compel the other party to do the same.
In contract law, “facio ut facias” can be used to enforce mutual obligations. If one party fulfills their part of the contract, the other party is then obligated to fulfill their part as well.
No, “facio ut facias” is primarily used in civil law, particularly in contract disputes. It does not have direct application in criminal law.
Yes, “facio ut facias” is a legally binding principle when it is incorporated into a contract or agreement. It establishes reciprocal obligations between the parties involved.
Yes, “facio ut facias” can be used to enforce specific performance, which means that a party can be compelled to fulfill their contractual obligations as agreed upon.
If one party fails to fulfill their part in a “facio ut facias” situation, the other party may seek legal remedies such as damages or specific performance, depending on the terms of the contract and applicable laws.
Yes, “facio ut facias” can be used in employment contracts to establish reciprocal obligations between the employer and the employee. For example, an employer may provide training opportunities in exchange for the employee’s commitment to work for a certain period.
The application of “facio ut facias” may be limited by the terms of the contract, applicable laws, and the feasibility of fulfilling the obligations. It is important to consult with a legal professional to understand the specific limitations in each case.
While “facio ut facias” is primarily used in contract law, it may have limited application in family law matters, such as prenuptial agreements or property division agreements, where reciprocal obligations are established.
While the concept of “facio ut facias” is derived from Latin, its application and recognition may vary in different legal jurisdictions. It is advisable to consult with a local legal professional to understand its specific application in a particular jurisdiction.
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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