The Latin term “Plus petere tempore” refers to the act of overclaiming in point of time. In Roman law, it involves making a claim before the payment is actually due. This can be compared to asking for dessert before completing your dinner. Overclaiming in point of time is considered unfair and unjust.
Plus petere tempore, a Latin term, refers to the act of making a claim before payment is due in Roman law. It is the act of overclaiming in point of time. For instance, if a creditor demands payment from a debtor before the agreed-upon due date or if a landlord attempts to evict a tenant before the rent is actually late. These examples demonstrate the unfair and unjust nature of attempting to collect or enforce something before it is actually due, which is not permitted under Roman law.
“Plus Petere Tempore” is a Latin phrase that translates to “the sooner the better” in English. In legal terms, it refers to the principle that legal actions should be initiated promptly to ensure the preservation of evidence and protect one’s rights.
In personal injury cases, the principle of “Plus Petere Tempore” emphasizes the importance of filing a lawsuit within the statute of limitations. Failing to do so may result in the loss of the right to seek compensation for injuries sustained.
No, “Plus Petere Tempore” is not typically used as a defence in criminal cases. It is primarily a principle applied in civil law to encourage timely legal action.
Yes, there can be exceptions to the “Plus Petere Tempore” principle depending on the specific circumstances of a case. For example, if there is a valid reason for delay, such as the discovery of new evidence, the court may allow an extension of the statute of limitations.
In contract disputes, “Plus Petere Tempore” emphasizes the importance of promptly notifying the other party of any breach or violation. Failing to do so may result in the loss of certain legal remedies or the ability to enforce the terms of the contract.
Yes, “Plus Petere Tempore” can be applied to administrative law cases. It encourages individuals to file administrative appeals or complaints within the specified time limits to ensure their rights are protected and the appropriate administrative remedies are pursued.
Failing to adhere to the “Plus Petere Tempore” principle may result in the loss of certain legal rights or remedies. For example, if you fail to file a lawsuit within the statute of limitations, the court may dismiss your case.
While the principle of “Plus Petere Tempore” is rooted in Roman law and widely recognized, its specific application may vary in different legal jurisdictions. It is important to consult with a local attorney to understand how it applies in your jurisdiction.
In some cases, parties may agree to waive or extend the application of the “Plus Petere Tempore” principle through contractual agreements. However, such waivers or extensions must be explicitly stated and agreed upon by all parties involved.
To ensure compliance with the “Plus Petere Tempore” principle, it is advisable to consult with an attorney promptly after identifying a legal issue. They can guide you on the appropriate legal actions to take within the specified time limits to protect your rights and interests.
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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