Facto Principis

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“Facto principis” is a Latin phrase that translates to “by the act of the prince” in English. In legal and historical contexts, this phrase refers to an action taken by a sovereign or government authority that has legal consequences. The concept behind “facto principis” is often related to the principle that the sovereign or state has the power to make decisions or take actions that can affect legal relationships, contracts, or obligations without prior notice or consent from the parties involved.

In contract law, “facto principis” can be invoked in cases where the performance of a contract becomes impossible or is fundamentally altered by an act of the government or a public authority. This principle is sometimes used as a defense in cases where a party is unable to fulfill their contractual obligations due to a change in law, government intervention, or an action taken by a public authority that was unforeseeable and beyond the control of the contracting parties.

The concept is closely related to “force majeure” clauses found in many contracts, which release the parties from their obligations when extraordinary events or circumstances beyond their control occur. However, “facto principis” specifically involves actions taken by a sovereign or government authority, whereas “force majeure” can encompass a broader range of events, including natural disasters and other acts of God.