AD FACTUM PRIESTANDUM Meaning and
Definition
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Ad factum praestandum is a Latin legal term that translates to "to do the act to be performed." It refers to a legal principle which allows a person or entity to undertake a necessary act on behalf of another party who is unable or unwilling to fulfill their obligations.
In general, ad factum praestandum empowers a third party to perform an action in order to achieve a certain result or fulfill an obligation that one party cannot or will not do. This principle often arises in situations where a contractual agreement or legal duty exists, but one of the parties is incapable or unwilling to take the required action.
The concept of ad factum praestandum can be seen in various legal scenarios. For example, if a person fails to adhere to the terms of a lease agreement, the landlord may exercise ad factum praestandum by entering the premises to make necessary repairs or carry out maintenance tasks. Similarly, in cases of medical emergencies, a doctor may intervene and perform life-saving procedures without the patient's direct consent in order to protect their well-being.
While ad factum praestandum allows a third party to act on behalf of another, certain conditions and limitations often apply. The actions taken must be reasonable, necessary, and in the best interests of the party for whom they are being performed. It is also crucial for the third party to act in good faith and without exceeding the scope of their authority.
