Putative Definition in Legal Terms

early 15th century, putative Middle French, late Latin putativus «accepted», Latin putat, past participle stem of putare «judge, suppose, believe, suspect», originally «clean, cut, cut» (see pavé). First, especially in a supposed marriage, which is legally invalid, but was entered into by at least one party in good faith. Related: So-called. A supposed marriage is a marriage entered into in good faith and due to ignorance by one or both parties that there are certain obstacles to render it null and void. A supposed father is the person who is supposed to be the father of an illegitimate child. Adj. usually believed, assumed or affirmed. A supposed marriage is accepted as legal when in reality it was not (for example, because a previous divorce was not finalized). A deemed will appears to be the final will, but a later will is found that revokes it and shows that the deemed will was not the deceased`s last will. There is no need to make assumptions about the root behind what is assumed.

Scholars are pretty sure that the word comes from the Latin putatus, the past participle of the verb putare, meaning «to consider» or «to think.» The putative has been part of English since the 15th century and often appears in legal contexts. For example, a «supposed marriage» is a marriage that is considered legal by at least one of the parties involved. If this trusted person discovers that their marriage is not sanctioned by law, other putare derivatives such as dispute, bad reputation, reputation, attribution and power of attorney may come into play. PUTATIVE. Supposedly what is not. The word is often used as supposed father, (q.v.) supposed marriage, alleged wife and others. And Toullier, Volume 7, n. 29, uses the words alleged owner, putative proprietare. Lord Kames uses the same expression.

Princ. by Eq. 391. The putative is almost always used before a name, the modified name being what is assumed or supposed to be. The presumed cause of death, for example, is the one generally believed to have caused, even if it has not been proven or secured. However, it does not say «the cause was presumed.» .