RATIONE
ratione (ray-shee-oh-nee or rash-ee-oh-nee). [Latin] By reason; on account.
ratione bonorum (b<<schwa>>-nor-<<schwa>>m). By reason of property.
ratione causae (kaw-zee). By reason of the nature of the case.
ratione contractus (k<<schwa>>n-trak-t<<schwa>>s). By reason of the contract.
“By entering into a contract, the contracting parties may … render themselves amenable to the
jurisdiction of a judge to whose jurisdiction they would not have been amenable had the contract
not been entered into. Thus, a foreigner, for the time being domiciled in Scotland, entering into a
contract there with a Scotchman … renders himself amenable to the jurisdiction of the Scotch
courts in any question arising out of the contract, for the parties … are presumed to have had the
law and the courts of Scotland in view as the forum… and a jurisdiction thus founded is said to
arise ratione contractus.” John Trayner, Trayner’s Latin Maxims 540 (4th ed. 1894).
ratione delicti (di-lik-tI). On account of the delict.
ratione domicilii (dom-<<schwa>>-sil-ee-I). By reason of domicile; on account of residence.
- The phrase appeared in reference to the foundation of jurisdiction in many civil cases.
ratione habita (hab-i-t<<schwa>>). Regard being had (of particular factors or circumstances).
ratione impotentiae (im-p<<schwa>>-ten-shee-ee). By reason of inability. • This was the
basis for a property right in young wild animals that were unable to run or fly. See FERAE
NATURAE.
ratione incidentiae (in-si-den-shee-ee). By reason of the incident.
ratione loci (loh-sI). By reason of place. • This was the basis for a property right in rabbits
and hares.
ratione materiae (m<<schwa>>-teer-ee-ee). By reason of the matter involved.
ratione originis (<<schwa>>-rij-<<schwa>>-nis). By reason of one’s origin.
ratione personae (p<<schwa>>r-soh-nee). By reason of the person concerned.
ratione privilegii (priv-<<schwa>>-lee-jee-I). By reason of privilege. • This was the basis for
a property right in animals of warren. See WARREN.
ratione rei sitae (ree-IsI-tee). By reason of the situation of a thing.
ratione soli (soh-lI). By reason of the soil. • This was the basis for a property right in bees.
ratione subjectae materiae (s<<schwa>>b-jek-tee m<<schwa>>-teer-ee-ee). On account of
the subject matter.
ratione suspecti judicis (s<<schwa>>-spek-tIjoo-di-sis). On account of the judge being
suspected. • This referred to a judge’s recusal in a case.
ratione tenurae (ten-y<<schwa>>-ree). By reason of tenure. [Blacks Law 8th]