Legal Definitions - clausula

Definition: Clausula refers to a sentence or part of a sentence in a written document or law. It can also refer to a codicil, which is a legal document that modifies or adds to an existing will.

Examples:

• Clausula codicillaris: In Roman law, a codicillary clause that operates as part of a will.
• Clausula derogativa: A derogatory clause that limits or takes away rights.
• Clausula rebus sic stantibus: A clause that allows for a contract to be modified or terminated if there is a significant change in circumstances.
• Clausula tenoris: The clause in a charter that describes the nature of a tenure.

For example, a clausula codicillaris is a codicil that has been confirmed by a will and operates as part of the will. This means that the directives in the codicil are legally binding and must be followed. Similarly, a clausula derogativa limits or takes away rights, such as a clause in a contract that restricts the use of a property. A clausula rebus sic stantibus allows for a contract to be modified or terminated if there is a significant change in circumstances, such as a natural disaster that makes it impossible to fulfill the terms of the contract. Finally, a clausula tenoris describes the nature of a tenure, such as a leasehold or freehold.