Consensu (law)

Consensu, a Latin term meaning "with consent," appears in several legal Latin constructions:

• Alienatio licet prohibeatur, consensu tamen omnium in quorum favorem prohibita est, potest fieri.

"While alienation may be restrained, yet it may be made with the consent of all those in whose favor it was restrained. The maxim is one of the common law, and the principle of it is no less applicable in equity."

See Seip's Estate, 1 Pa Dist 26.

• consensu regio

By royal command. See 3 Blackstone Commentaries 95.

• Divide et impera, cum radix et vertex imperii in obedientium consensu rata sunt.

Divide and rule, for the root and pinnacle of empire are rated in the consent of the obedient.

• Finis est amicabilis compositio et finalis concordia ex consensu et concordia domini regis vel justiciarum

A fine is a friendly settlement and final concord by the consent of our lord the king or the justices.

• furor contrahi matrimonium non sinit, quia consensu opus est.

Insanity prevents a marriage from being contracted, because consent is essential.

• Re, verbis, scripto, consensu, traditione, junctura vestes sumere pacta solent.

Compacts are accustomed to take their clothing from the subject matter, the words, the writing, the delivery and the consent or joining together.

• Scriptae obligationes scriptis tolluntur, et nudi consensus obligatio contrario consensu dissolvitur.

Written obligations are released or discharged by writings, and an obligation of mere consent is dissolved or discharged by a consent to the contrary.

• Sine scripto jus venit, quod usus approbavit, nam diuturni mores consensu utentium comprobati legem imitantur.

Law comes without any writing, that which usage has established, for long established customs sanctioned by the consent of those adopting them represent law.

AUTHORITY: See 1 Bl Comm 74.

• tacito et illiterato hominum consensu et moribus expressum.

Expressed by the silent and unwritten consent and customs of men. AUTHORITY: 1 Blackstone Commentaries 64.