Putative Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Putative, written in plain English, along with examples of how it is used.

What is Putative?

(Adj) When a belief, faith or practice is accepted as per a custom, practice or situation, if such believes, faith or practices are not proven wrong , then such beliefs, faith or practices are termed as punitive. For example when a male and female are living together unless proving the contrary they are accepted as husband and wife.

History and Definition of Putative

The term "Putative" is derived from Latin and originally meant "thought" or "considered." In legal terms, the word refers to something that is accepted as true or legal by customary or public opinion, even if it is not actually based on fact or law. A putative marriage, for example, is one that is believed to be valid by both parties, but is not legally recognized due to some legal impediment.

Examples of Putative

  1. A putative father is an alleged biological father who has not been legally established as the child's father through DNA testing or other means.
  2. A putative spouse is someone who lives with another person and holds themselves out as their spouse, but who is not legally married to that person.
  3. A putative warranty refers to a warranty that is not explicitly stated or written, but is implied by the circumstances, such as when a seller implies that a product is fit for a particular purpose.

Legal Terms Similar to Putative

  1. De facto refers to something that is in fact how it appears or operates, even if it is not legally recognized.
  2. Estoppel is a legal principle that prevents a person from denying the truth of a statement that he or she has previously made.
  3. Quasi-contract refers to a contract that is implied in law, rather than one that is explicitly agreed upon by the parties involved.