AD CAUTELAM: ORIGIN, MEANINGS, SYNONYMS, ANTONYMS - DUDAS - 2024

The term ad cautelam is an expression that comes from Latin and strictly means "for caution." It refers to a writing or act presented or occurred before a judge without its formality having been necessary. Of course we are referring to the world of law, where it is mainly used with a meaning that adapts to different situations.

If we go to the dictionary of the Royal Spanish Academy, it indicates that ad cautelam is said of an oral or written statement through which a specific reservation is made in anticipation of a possible adverse reason.

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In simpler words, ad cautelam means "for precaution" and refers to taking as valid certain tests that do not need to be in writing previously cited. Always acting in prevention of what could happen in a next instance or later.

Although it has its definition in Spanish, it has a predominant use in Spain, while in other Spanish-speaking countries it does not exist, as in the law of Argentina.

Usage examples

In a succession

Guillermo Cabanellas, a renowned Spanish historian and lawyer, highlights in his «Elementary Legal Dictionary» that it is indicated ad cautelam when the testator expresses his will indicating that no other later will will be valid if certain clauses or signs are not found in it.

It exists since the testament is a revocable text, that is, a later text cancels the previous one. In the facts, without this precaution, several injustices arose, since it has happened from people who wrote a new will to benefit recently known people and after its presentation they put aside the previous ones, even without wanting to do so.

Ad cautelam clause

It is a guarantee that sets aside any renewal of a legal act that occurs without having followed some words or signs.

An example was what the president of Catalonia, Carme Forcadell, did before the Constitutional Court of Spain, who presented a challenge for the judges of the body to withdraw from the knowledge of the independence process.

It is an ad cautelam action in relation to the resources, incidents or challenges that the Government of that country may present before the Constitutional Court.

Suspension ad cautelam (canon law)

It is the one that occurs in the court of penance and is public. It applies when it is deemed necessary to temporarily suspend a member of the Church.

An example of this is what the Diocese of San José de Melipilla in Chile did against the priest José Ramón Celestino Gutiérrez Bustos. According to the textual quote from the statement of the ecclesiastical entity:

Absolution ad cautelam (canon law)

It is one that is obliged to request an excommunicated person during the appeal that has been filed from the sentence that excommunicates him. In this case the effect is only to make you able to proceed in justice. In addition, the ad cautelam acquittal cannot be requested in any case, but these must be very punctual.

Synonyms

Locating words that mean the same thing in everyday speech is somewhat complex, since ad cautelam is used only in the world of law. However, we could cite "preventively", "out of precaution", "just in case" or "out of caution".

Antonyms

The term ad cautelam has no contrary words.

References

1. Lorenzo Arrazola. (1948). "Spanish Encyclopedia of Law and Administration". Recovered from: books.google.bg
2. Abbé Michel André. "Dictionary of Canon Law". Recovered from: books.google.bg
3. Santiago Segura Manguila (2014). "Etymological and semantic lexicon of Latin and current voices that come from Latin or Greek roots." Recovered from: books.google.bg
4. Ramón Domínguez Benavente (1990). "Succession right". Recovered from: books.google.bg
5. El Español newspaper (2017). "Forcadell invents a" preventive "challenge to try to stop the TC". Recovered from: elespanol.com