ACTUS LEGITIMI NON RECIPIUNT MODUM Meaning and
Definition
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"Actus legitimus non recipiunt modum" is a Latin phrase that translates to "legitimate acts do not recognize a limitation." It refers to the principle that acts or actions that are valid and lawful cannot be restricted or limited by the manner in which they are performed.
In legal contexts, this principle ensures that if an act is legitimate and meets the necessary legal requirements, it is generally considered valid regardless of any formalities or technicalities involved. This means that as long as the substance or essence of an act complies with the law, the method or mode of the act does not have the power to render it void or invalid.
The phrase suggests that the law recognizes and prioritizes the substance over the form. It emphasizes the importance of focusing on the essential elements and purpose behind an act rather than getting caught up in procedural or technical aspects that may not affect the act's legal validity.
For example, if a contract is entered into with all the necessary elements such as mutual consent, consideration, and legal capacity, it remains binding and enforceable even if it is not in writing or lacks certain formalities. Similarly, a will may still be considered valid even if it does not conform to all the requirements of the jurisdiction's formalities as long as the testator's intent is clear and meets the legal standards.
Overall, "actus legitimus non recipiunt modum" highlights the significance of the substance and intent of an act as opposed to any limitations imposed by the manner in which it is executed.
