res inter alios actaphr.

Brit.

/ˌreɪz ɪntə(r) ˌalɪɒs ˈaktə/, U.S.

/ˌreɪs ᵻntər ˌɑlioʊs ˈæktə/

Forms: 1600s– res inter alias acta, 1600s– res inter alios acta, 1700s re inter alias acta.

Origin: A borrowing from Latin. Etymon: Latin res inter alios acta.

Etymology: < post-classical Latin res inter alios acta ‘a thing done between others’ (12th cent. in a British source; earlier in plural res inter alios actae (3rd cent. in legal context): see note) < classical Latin rēs thing (see res n.¹) + inter inter prep. + aliōs , masculine accusative plural of alius another, other (see alien adj.) + ācta , feminine of past participle of agere to do (see agent adj.).Post-classical Latin res inter alios acta is a shortened form of a phrase found in various forms in different texts. The Codex Iustinianus (7.60.1, late 3rd cent.) has: inter alios res gestas aliis non posse facere praeiudicium saepe constitutum est ‘it has often been decreed that things done between others cannot create a prejudice to others’. The Liber Extra of Canon Law (X.2.22.6, 1234) has: res inter alios acta alii non praeiudicat ‘a thing done between others does not affect another prejudicially’. The phrase is found in a number of forms in British sources (1285–1319), including res inter alios acta aliis non prejudicat ‘a thing done between others does not affect others prejudicially’, res inter alios acta non debet aliis prejudicari, res inter alios acta aliis prejudicare non debet, both in sense ‘a thing done between others should not affect others prejudicially’, res inter alios acta neminem prejudicari debet ‘a thing done between others should not affect anyone prejudicially’, and frequently the shortened form res inter alios acta etc.

Law.

‘A thing done between others’: denoting proceedings, a transaction, etc., to which a given person or entity was not party.Frequently used to express the principle that someone who is not a party to earlier proceedings cannot in general be bound by determinations of fact in those proceedings or by judgments made in them.

ΚΠ

a1638 R. Brownlow Rep. Diverse Cases: 2nd Pt. (1651) ii. 295 And he said, if a Tenant hold by intire services of two Lords, and one purchase parcell of the Tenancy, all the intire services shall not be extinct, but the other Lord which did not purchase, shall have them, for Res inter alios acta, nemini nocere debeat.]

1678 G. Mackenzie Laws & Customes Scotl. ii. xxxi. 580 Though the pursuit was at the instance of the party injured, yet His Majesties Advocat cannot again pursue upon the pretence of, res inter alias acta, for that were to keep people in a constant suspense.

1683 J. Dalrymple Decisions Lords of Council & Session I. 245 The Pursuer answered, that this absolvitor was res inter alios acta.

1791 T. Jefferson Let. 6 May in Papers (1982) XX. 375 It was impossible they could covenant that one consignee should be responsible for the other. This would have been void as a res inter alios acta.

1843 Law Mag. 30 321 Some text books were supposed to show that a judgment in ejectment cannot be admitted as evidence of lessor's title, but that authority only applies where the substantial parties are different, so that the judgment is res inter alios acta.

1947 Amer. Jrnl. Internat. Law 41 740 Any further action would constitute a res inter alias acta.

2007 Lloyd's List (Nexis) 23 May 6 The court rejected the charterers' argument that any ensuing contract made by the injured party (other than in mitigation) must be res inter alios acta.

This is a new entry (OED Third Edition, March 2010; most recently modified version published online March 2022).

单词	res inter alios acta
释义	res inter alios actaphr. Brit. /ˌreɪz ɪntə(r) ˌalɪɒs ˈaktə/, U.S. /ˌreɪs ᵻntər ˌɑlioʊs ˈæktə/ Forms: 1600s– res inter alias acta, 1600s– res inter alios acta, 1700s re inter alias acta. Origin: A borrowing from Latin. Etymon: Latin res inter alios acta. Etymology: < post-classical Latin res inter alios acta ‘a thing done between others’ (12th cent. in a British source; earlier in plural res inter alios actae (3rd cent. in legal context): see note) < classical Latin rēs thing (see res n.¹) + inter inter prep. + aliōs , masculine accusative plural of alius another, other (see alien adj.) + ācta , feminine of past participle of agere to do (see agent adj.).Post-classical Latin res inter alios acta is a shortened form of a phrase found in various forms in different texts. The Codex Iustinianus (7.60.1, late 3rd cent.) has: inter alios res gestas aliis non posse facere praeiudicium saepe constitutum est ‘it has often been decreed that things done between others cannot create a prejudice to others’. The Liber Extra of Canon Law (X.2.22.6, 1234) has: res inter alios acta alii non praeiudicat ‘a thing done between others does not affect another prejudicially’. The phrase is found in a number of forms in British sources (1285–1319), including res inter alios acta aliis non prejudicat ‘a thing done between others does not affect others prejudicially’, res inter alios acta non debet aliis prejudicari, res inter alios acta aliis prejudicare non debet, both in sense ‘a thing done between others should not affect others prejudicially’, res inter alios acta neminem prejudicari debet ‘a thing done between others should not affect anyone prejudicially’, and frequently the shortened form res inter alios acta etc. Law. ‘A thing done between others’: denoting proceedings, a transaction, etc., to which a given person or entity was not party.Frequently used to express the principle that someone who is not a party to earlier proceedings cannot in general be bound by determinations of fact in those proceedings or by judgments made in them. ΚΠ a1638 R. Brownlow Rep. Diverse Cases: 2nd Pt. (1651) ii. 295 And he said, if a Tenant hold by intire services of two Lords, and one purchase parcell of the Tenancy, all the intire services shall not be extinct, but the other Lord which did not purchase, shall have them, for Res inter alios acta, nemini nocere debeat.] 1678 G. Mackenzie Laws & Customes Scotl. ii. xxxi. 580 Though the pursuit was at the instance of the party injured, yet His Majesties Advocat cannot again pursue upon the pretence of, res inter alias acta, for that were to keep people in a constant suspense. 1683 J. Dalrymple Decisions Lords of Council & Session I. 245 The Pursuer answered, that this absolvitor was res inter alios acta. 1791 T. Jefferson Let. 6 May in Papers (1982) XX. 375 It was impossible they could covenant that one consignee should be responsible for the other. This would have been void as a res inter alios acta. 1843 Law Mag. 30 321 Some text books were supposed to show that a judgment in ejectment cannot be admitted as evidence of lessor's title, but that authority only applies where the substantial parties are different, so that the judgment is res inter alios acta. 1947 Amer. Jrnl. Internat. Law 41 740 Any further action would constitute a res inter alias acta. 2007 Lloyd's List (Nexis) 23 May 6 The court rejected the charterers' argument that any ensuing contract made by the injured party (other than in mitigation) must be res inter alios acta. This is a new entry (OED Third Edition, March 2010; most recently modified version published online March 2022). < phr.1678
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