Define: Inter Praesentes

Inter Praesentes
Inter Praesentes
Quick Summary of Inter Praesentes

Inter praesentes is a Latin term that translates to “among those present” in English. In a legal context, it refers to actions or events that occur in the presence of witnesses or individuals who are directly involved in the matter at hand. Inter praesentes may be used to describe legal proceedings, agreements, or transactions that take place with immediate visibility and involvement of the relevant parties. This term underscores the idea that the actions or decisions are made openly and directly, without the need for further verification or confirmation.

What is the dictionary definition of Inter Praesentes?
Dictionary Definition of Inter Praesentes

Where the parties contract in a face-to-face transaction the law raises a presumption that the parties intend to deal with the person in front of them.

Inter Praesentes (Latin):

noun. plural

Meaning: Literally translates to “among those present.” The term is commonly used in legal contexts, especially in Roman law, to refer to actions or decisions made in the presence of all relevant parties or individuals involved in a legal matter. Inter Praesentes emphasises the significance of direct and immediate involvement or participation in a particular event, proceeding, or agreement. It underscores the importance of real-time interaction and communication among the concerned parties for the validity and effectiveness of legal actions or decisions.

Full Definition Of Inter Praesentes

‘Face to face’. For example, if a contract is formed inter praesentes it is between two people in their physical presence, rather than, say, by post.

Inter Praesentes FAQ'S

Inter praesentes is a Latin term commonly used in legal contexts to denote actions or transactions that occur between present parties. It refers to actions or agreements made directly between individuals or entities who are physically present at the time.

Inter praesentes differs from other legal concepts, such as inter vivos (between the living) and inter mortuos (between the dead), in that it specifically pertains to actions or agreements made between parties who are currently present and actively engaging in the transaction.

Transactions that fall under inter praesentes may include:

  • Oral agreements made in person.
  • Contracts or negotiations conducted face-to-face.
  • Verbal assurances or promises exchanged directly between parties.

Yes, transactions conducted inter praesentes are generally considered legally binding, provided all necessary elements of a valid contract or agreement are present. This includes mutual assent, consideration, capacity, and legality of purpose.

Evidence to establish inter praesentes transactions may include:

  • Witness testimony from individuals present during the transaction.
  • Documentation such as written agreements, receipts, or correspondence exchanged at the time.
  • Audio or video recordings of the transaction, if available and admissible.

Inter praesentes transactions can be challenged in court, similar to other types of agreements. Challenges may arise if there is dispute over the terms of the agreement, allegations of coercion or undue influence, or if one party claims the transaction was not properly executed.

Some of the advantages of inter praesentes transactions include:

  • Direct communication and negotiation between parties, facilitating clarity and understanding of terms.
  • Immediate resolution of issues or disputes, without the need for extensive documentation or formalities.
  • Enhanced trust and rapport between parties, as transactions are conducted face-to-face.

The limitations and risks associated with inter praesentes transactions includes:

  • Limited documentation or record-keeping, which may pose challenges in proving the terms of the agreement in the event of disputes.
  • Potential for misunderstandings or misinterpretations of verbal agreements.
  • Risk of coercion or pressure exerted on parties during face-to-face negotiations.

Legal professionals can assist with inter praesentes transactions by:

  • Providing advice and guidance on legal rights and obligations.
  • Drafting written agreements to memorialise verbal agreements made in person.
  • Representing parties in negotiations or disputes arising from inter praesentes transactions.
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Disclaimer

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: 29th March, 2024.

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