Sacramentum decisionis, a Latin phrase utilised in civil law, pertains to the proposition made by one party in a legal dispute to accept the opposing party’s oath as the ultimate resolution for the matters at hand. Essentially, if one party is unable to substantiate their claims, they have the option to suggest that the decision be determined by the oath of their adversary. The adversary is then obligated to either accept the proposition or present the same offer once more. Failure to do so results in the entire case being considered admitted by them.
Sacramentum decisionis, a Latin term used in civil law, refers to the offer made by one party in a lawsuit to accept the opposing party’s oath as decisive of the issues involved in the case. This means that the party making the offer believes that the opposing party’s oath will settle the matter at hand. For example, a defendant or person accused of a crime may be asked to make an oath of their own innocence and produce a certain number of compurgators who swear that they believe the defendant’s oath. Another example is when one party in a lawsuit is unable to prove their charge and offers to refer the decision of the case to the oath of their adversary. In both cases, an oath is used to determine the outcome of a lawsuit, and if the offer is accepted, the case is settled based on the oath. If it is not accepted, the matter is taken as confessed by the party who refused the offer.
Sacramentum Decisionis is a Latin term that translates to “oath of decision” in English. It refers to a legal oath taken by individuals involved in a legal proceeding, where they swear to tell the truth and provide accurate information.
Typically, anyone involved in a legal proceeding, such as witnesses, plaintiffs, defendants, and even legal professionals, may be required to take the Sacramentum Decisionis.
Refusing to take the Sacramentum Decisionis can have serious consequences. It may lead to penalties, such as being held in contempt of court, which can result in fines or even imprisonment.
While the term Sacramentum Decisionis is traditionally associated with Latin, in modern legal systems, oaths can be taken in the language understood by the individual taking the oath. The use of Latin may vary depending on the jurisdiction and the specific legal proceedings.
Lying under oath, even after taking the Sacramentum Decisionis, is considered perjury. Perjury is a serious offense and can result in criminal charges, fines, and imprisonment.
Yes, the Sacramentum Decisionis is legally binding. By taking the oath, individuals commit themselves to tell the truth and provide accurate information during the legal proceedings.
Yes, the Sacramentum Decisionis can be used in both civil and criminal cases. It is a fundamental part of the legal process to ensure the truthfulness and integrity of the information provided.
Yes, in certain circumstances, the Sacramentum Decisionis can be administered outside of a courtroom. For example, it may be taken during a deposition or in the presence of a notary public.
In some cases, individuals may be allowed to waive the Sacramentum Decisionis. However, this is subject to the specific laws and regulations of the jurisdiction in which the legal proceedings are taking place.
The primary purpose of the Sacramentum Decisionis is to ensure that individuals involved in legal proceedings provide truthful and accurate information. It helps maintain the integrity of the legal system and ensures fairness in the administration of justice.
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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