BENEFICIUM INVITO NON DATUR Meaning and
Definition
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"Beneficium invito non datur" is a Latin phrase that translates to "a benefit is not given to one against his/her will." This principle is often applied in legal and contractual contexts to emphasize that a person cannot be obligated or compelled to receive a benefit or favor without their consent or agreement.
In legal terms, the phrase highlights the importance of voluntary consent in transactions or agreements. It asserts that a party cannot impose a benefit on another individual who does not willingly accept it, as it may infringe on their rights or autonomy. For instance, a person cannot be forced to accept a gift, service, or privilege if they do not wish to do so.
This principle is also relevant in contractual agreements where mutual consent and agreement are essential. It establishes that in a contract, both parties must willingly agree to the terms and conditions and provide their voluntary consent for any benefits or obligations to be validly conferred. If one party is coerced, misled, or deceived into accepting a benefit against their will, it can potentially render the contract void or unenforceable.
Overall, "Beneficium invito non datur" serves as a crucial principle in various legal contexts, emphasizing the significance of voluntary consent and agreement in transactions, contracts, and exchanges, and ensuring the protection of individual rights and autonomy.
