Define: Ut Res Valeat Potius Quam Pereat

– “Ut Res Valeat Potius Quam Pereat” is a Latin legal principle that means “let the thing be valid rather than perish.” It is used to uphold the validity of a legal document or transaction, even if there are minor defects or errors.

– In contract law, “Ut Res Valeat Potius Quam Pereat” is used to prevent the invalidation of a contract due to minor technicalities or errors. It allows courts to uphold the substance of the contract rather than focusing on insignificant flaws.

– Yes, “Ut Res Valeat Potius Quam Pereat” can be applied to validate a will with minor errors, such as misspellings or formatting issues, as long as the intent of the testator is clear.

– While “Ut Res Valeat Potius Quam Pereat” allows for the validation of legal documents with minor defects, it does not apply to cases of fraud, coercion, or other serious legal violations.

– In property law, “Ut Res Valeat Potius Quam Pereat” can be used to uphold the validity of property transfers or deeds, even if there are technical errors in the documentation.

– Yes, “Ut Res Valeat Potius Quam Pereat” can be applied to validate a contract with missing signatures if there is other evidence to support the intent of the parties involved.

– “Ut Res Valeat Potius Quam Pereat” has its roots in Roman law and has been adopted into modern legal systems as a principle to uphold the validity of legal documents and transactions.

– While “Ut Res Valeat Potius Quam Pereat” focuses on upholding the validity of legal documents despite minor defects, the doctrine of substantial compliance requires a closer adherence to the essential requirements of a legal instrument.

– Yes, “Ut Res Valeat Potius Quam Pereat” can be applied to validate a contract that was not properly witnessed if there is other evidence to support the authenticity of the agreement.

– “Ut Res Valeat Potius Quam Pereat” can be invoked in a legal dispute by presenting evidence of the parties’ intent and arguing that minor defects in the legal document should not invalidate the underlying transaction.