Legal Definitions - non deficit jus sed probatio

Definition: Non deficit jus sed probatio (non def-sit juhst sed proh-bay-shee-oh) is a Latin term used in Scots law. It means that the right is not lacking, but the proof of it. This phrase is used to refer to the principle that many rights, both disputed and sometimes undisputed, require a special mode of proof, such as a written document.

For example, if someone claims that they own a piece of land, they need to provide proof of ownership, such as a title deed or a land registry document. Similarly, if someone claims that they have a right to a certain amount of money, they need to provide proof of the debt, such as a loan agreement or an invoice.

Another example is when a person claims that they have a right to inherit property from a deceased relative. In this case, they need to provide proof of their relationship to the deceased, such as a birth certificate or a marriage certificate.

These examples illustrate the principle of non deficit jus sed probatio because they show that having a right is not enough to claim it. The person also needs to provide proof of their right, which is often in the form of a written document.