Res merae facultatis is a legal term utilised in Scots law to denote a matter of mere power. This implies that it is a right that an individual possesses but is not obligated to exercise. For instance, a property owner has the right to construct on their own property, but they are not required to do so if they choose not to. These rights are not forfeited by non-use and can be exercised at any given time.
Res merae facultatis is a legal term in Scots law that refers to rights of mere power. These rights, such as the right to build on one’s own property or walk on the seashore, are not obligatory to exercise. They can be used at any time and are not lost by non-use. In essence, res merae facultatis signifies rights that individuals possess but are not compelled to utilise.
Res Merae Facultatis is a Latin term that translates to “purely facultative act.” It refers to an act that is purely optional or discretionary, meaning it is not legally required.
No, since a Res Merae Facultatis is purely optional, there is no legal obligation or liability associated with it.
No, there are no legal consequences for not performing a Res Merae Facultatis as it is not legally required.
Yes, since it is purely optional, a Res Merae Facultatis can be revoked or withdrawn at any time by the person who initially chose to undertake it.
No, a Res Merae Facultatis cannot be enforced by a court of law as it is not legally binding.
In general, a Res Merae Facultatis may not hold much weight as evidence in a legal dispute since it is not legally required or binding. However, it may be considered as part of the overall context of the case.
No, a Res Merae Facultatis cannot be included in a legally binding contract as it contradicts the concept of legal obligations and enforceability.
In certain situations, a Res Merae Facultatis may be used as a defence to show that a particular action was purely optional and not legally required. However, its effectiveness as a defence may vary depending on the specific circumstances of the case.
Since a Res Merae Facultatis is purely optional and personal in nature, it cannot be assigned or transferred to another person.
No, a Res Merae Facultatis cannot be used to waive legal rights or obligations as it does not hold any legal weight or authority.
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.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/res-merae-facultatis/
- Modern Language Association (MLA):Res Merae Facultatis. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/res-merae-facultatis/.
- Chicago Manual of Style (CMS):Res Merae Facultatis. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/res-merae-facultatis/ (accessed: May 09 2024).
- American Psychological Association (APA):Res Merae Facultatis. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/res-merae-facultatis/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts