Non obstante, which means “notwithstanding” in Latin, was a doctrine employed by the Crown of England to validate certain documents, such as grants or letters patent, even if they contradicted the law. However, this doctrine was eliminated by the Bill of Rights. Additionally, the phrase “non obstante” is utilised in documents to prevent any misinterpretation that may contradict its intended purpose.
Non obstante, a Latin term meaning “notwithstanding,” has multiple meanings. Historically, it referred to a doctrine employed by the Crown of England to validate certain documents, such as grants or letters patent, even if they contradicted the law. However, this doctrine was abolished by the Bill of Rights. In contemporary usage, it is a phrase utilised in documents to ensure that nothing within the document contradicts its stated purpose or objective. Additionally, Non Obstante Veredicto, which translates to “notwithstanding the verdict,” is a legal term employed when a court sets aside a jury’s verdict due to lack of evidence. For instance, if a king desired to grant land to an individual, but a law prohibited such grants, the king could invoke the non obstante doctrine to validate the grant. In modern times, a contract may include a non obstante clause to guarantee that nothing within the contract contradicts its intended purpose.
“Non obstante” is a Latin phrase that means “notwithstanding” or “despite.” It is often used in legal documents to indicate that a particular provision or rule should be disregarded or overridden.
The term “non obstante” is commonly used when there is a need to make an exception or override a specific provision or rule within a legal document or statute.
No, “non obstante” can only be used to override provisions or rules that are of a lower legal authority. It cannot be used to override constitutional provisions or fundamental rights.
“Non obstante” is essentially the Latin equivalent of the English terms “notwithstanding” or “in spite of.” They all serve the same purpose of indicating an exception or override in legal documents.
No, the term “non obstante” is widely recognized and used in legal systems influenced by Roman law, including many common law jurisdictions.
Yes, “non obstante” can be used in contracts or agreements to specify that certain provisions or clauses should be disregarded or overridden in specific circumstances.
While there are no specific limitations on the use of “non obstante,” its application should be reasonable and in line with the overall intent and purpose of the legal document.
No, “non obstante” cannot be used to modify or alter existing laws. It can only be used to make exceptions or overrides within the framework of existing laws.
While the use of “non obstante” can provide clarity and emphasis, it is not always necessary. The intent to override a provision or rule can be achieved through other means, such as explicit language or specific clauses.
Yes, it is always advisable to consult a legal professional when using complex legal terms like “non obstante” to ensure its proper application and understanding within the specific legal context.
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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