The term "in faciendo" refers to actions taken in the process of doing, making, or performing something. It emphasizes practical engagement in reality rather than merely theoretical considerations. In legal contexts, it often relates to obligations or actions that must be fulfilled in real-life situations, highlighting the importance of circumstances over legal theory.
"In faciendo" is commonly used in various legal practices, particularly in property law and civil law. It often appears in discussions about servitudes and obligations, where it is essential to distinguish between what can be legally required versus what is merely theoretical. Users may encounter this term when dealing with legal documents or forms related to property rights, maintenance obligations, or contractual duties.
Here are a couple of examples of abatement:
For instance, in a property dispute, if a servitude allows one property owner to access a road, "in faciendo" would mean that the owner can only perform actions necessary to maintain that access, not actions that exceed that requirement (hypothetical example).
| State | Application of In Faciendo |
|---|---|
| Louisiana | Strong emphasis on practical obligations in property law. |
| California | Focus on the necessity of actions in contract law. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Differences |
|---|---|---|
| In faciendo | Refers to actions taken in reality. | Focuses on practical execution of obligations. |
| In iure | Refers to legal rights or actions in law. | Emphasizes legal theory rather than practical application. |
If you find that "in faciendo" applies to your situation, consider the following steps:
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It refers to actions taken in the process of doing or performing something, emphasizing practical engagement.