The Latin phrase “Paries oneri ferendo, uti nunc est, ita sit” from Roman law translates to “the wall for bearing the burden, as it now is, so let it be.” It pertains to the urban servitude oneris ferendi, which permits a building to be supported by a neighbour’s building, wall, or pillar. In essence, it signifies that if a wall is currently bearing a weight, it should be allowed to continue doing so without any disruption.
The phrase “paries oneri ferendo, uti nunc est, ita sit” is a Latin phrase used in Roman law to establish the urban servitude oneris ferendi. It means that the wall should remain as it is, bearing the weight of the building. This phrase allows a building to be constructed in a way that it rests on a neighbour’s building, wall, or pillar, as long as the wall can bear the weight. The example provided illustrates how this phrase is used in Roman law to establish the urban servitude oneris ferendi. It emphasizes the importance of maintaining the wall in its current state, without any changes, in order to continue bearing the burden of the building.
– It is a Latin legal maxim that translates to “The party who bears the burden should use it as it now is.”
– This maxim is often used in contract law to emphasize the principle that the party who has the burden of performance must fulfill their obligations as they currently exist.
– Yes, this maxim can also be relevant in property law, tort law, and other areas where the concept of burden of proof or burden of performance is important.
– If a party fails to fulfill their burden, they may be in breach of contract or may be held liable for failing to meet their legal obligations.
– While it is a Latin maxim that has been widely used in legal contexts, its application and interpretation may vary in different jurisdictions.
– It is important to carefully review the terms of the contract and understand your obligations. Seeking legal advice can also help ensure compliance.
– It can be used as a defence if the party claiming the burden of performance has not fulfilled their own obligations under the contract.
– There may be exceptions or limitations to this principle depending on the specific circumstances of a case and the applicable laws.
– Evidence such as contract terms, communications, and performance records can be used to demonstrate non-compliance with the burden of performance.
– Yes, parties to a contract can modify or waive the application of this principle through clear and explicit language in the contract.
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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