Define: Quibus Non Existentibus

“Quibus Non Existentibus” is a Latin phrase that translates to “when things do not exist.” It is often used in legal contexts to refer to situations where certain conditions or requirements are not met.

In contract law, the principle of “Quibus Non Existentibus” means that if a specific condition or requirement mentioned in a contract does not exist, the related obligations or provisions may not be enforceable.

Yes, “Quibus Non Existentibus” can be used as a defence in a lawsuit if the plaintiff fails to prove the existence of a necessary condition or requirement that is essential for their claim.

Yes, there can be exceptions to the principle of “Quibus Non Existentibus” depending on the specific laws and regulations applicable to the case. It is important to consult with a legal professional to determine if any exceptions apply.

Proving the non-existence of a condition or requirement can be challenging. It often requires presenting evidence, such as documentation, witness testimony, or expert opinions, to demonstrate that the condition or requirement was not met.

While “Quibus Non Existentibus” is primarily used in civil law contexts, it may also have some relevance in criminal cases. For example, if a criminal statute requires the presence of certain elements, the defence may argue that those elements do not exist, thus challenging the prosecution’s case.

The principle of “Quibus Non Existentibus” may not be explicitly recognized in all legal systems. However, similar concepts and principles exist in various legal frameworks to address situations where certain conditions or requirements are not met.

Depending on the specific circumstances, “Quibus Non Existentibus” can potentially invalidate an entire contract if a fundamental condition or requirement is not met. However, the impact on the contract’s validity will depend on the applicable laws and the significance of the missing condition.

“Quibus Non Existentibus” can shift the burden of proof to the party alleging the existence of a condition or requirement. If the party fails to meet this burden, their claim may be dismissed or weakened.

In some cases, the parties may agree to waive or modify the application of “Quibus Non Existentibus” through contractual provisions. However, such waivers or modifications should be carefully drafted and agreed upon to ensure their enforceability.