homologatio

Homologatio is a Latin term meaning the act of approving, ratifying, or validating something. In contemporary legal usage, homologatio refers to the formal act by which a competent authority, typically a court, approves or confirms an agreement, settlement, or judgment, thereby giving it enforceability within the jurisdiction.

In civil-law systems, homologatio replaces informal assent with a formal decree or order. It can convert a negotiated settlement into an enforceable obligation and is often the step that finalizes arrangements reached outside of formal litigation.

Common contexts for homologatio include the court’s approval of a private settlement in a dispute, the homologation of a divorce or parental agreement in family law, and the approval of a restructuring or insolvency plan in bankruptcy proceedings. It may also apply to the validation of certain corporate acts or asset-liquidation arrangements under statutory procedures.

Jurisdictions and usage vary: the term is most common in civil-law countries, including Italy, Spain, Portugal, and many Latin American states. In English-language practice, the concept is usually rendered as homologation or translated as ratification or approval. In cross-border matters, related processes may be described as exequatur or the recognition of foreign judgments, depending on the legal system.

See also: homologation, ratification, exequatur.