Define: Non Quieta Movere

“Non Quieta Movere” is a Latin phrase that translates to “not to disturb what is at rest.” It is a legal principle that refers to the preservation of existing rights and interests.

In legal cases, “Non Quieta Movere” is often invoked to argue against any changes or disruptions to established rights, contracts, or legal arrangements. It emphasizes the importance of maintaining stability and upholding existing legal agreements.

Yes, “Non Quieta Movere” can be used as a legal argument to resist changes in laws or regulations. It asserts that existing laws should be preserved unless there is a compelling reason to alter them.

While the principle of “Non Quieta Movere” is rooted in Roman law, its application may vary across different legal jurisdictions. Some jurisdictions may have similar principles or doctrines that serve a similar purpose.

In certain circumstances, “Non Quieta Movere” can be invoked to challenge a court’s decision if it is believed that the decision disrupts established rights or legal arrangements. However, success in such challenges may depend on the specific facts and circumstances of the case.

Yes, “Non Quieta Movere” can be invoked in both civil and criminal cases. It aims to maintain stability and protect existing legal rights, regardless of the nature of the legal dispute.

In some cases, the principle of “Non Quieta Movere” may be overridden by considerations of public interest or societal changes. If there is a compelling need to modify existing rights or legal arrangements to serve the greater good, courts may deviate from the principle.

While “Non Quieta Movere” generally favors the preservation of existing rights, there may be exceptions. For example, if a contract or legal arrangement is found to be illegal or against public policy, the principle may not apply.

Yes, “Non Quieta Movere” can be invoked to prevent changes in property ownership if it can be demonstrated that the proposed change would disrupt established property rights or legal arrangements.

In contract disputes, “Non Quieta Movere” can be used to argue against any modifications or alterations to the terms of an existing contract. It emphasizes the importance of honoring the original agreement and maintaining stability in contractual relationships.