Reference
Legal Glossary
Plain-language definitions of Honduran legal terms.
562 terms
A fortiori#
A fortiori (with stronger reason)
Interpretive argument by which, if a rule or consequence applies to one case, it must with even greater reason apply to another where the reasons for application are stronger. Reasoning "with stronger reason" or "from the greater to the lesser".
Ab initio#
Ab initio (from the beginning)
Latin expression meaning "from the beginning". Indicates that an act, situation, or effect is deemed produced or existing from its origin, without interruption. A contract void ab initio never produced valid effects; possession ab initio is counted from its actual start.
Abogado#
Lawyer (Abogado)
Legal professional authorized by the Honduran Bar Association to represent and advise clients before courts and authorities.
Aborto#
Abortion
Termination of pregnancy resulting in the death of the conceived. In Honduras abortion is criminally sanctioned in all forms under the current Penal Code; debate over decriminalizing it on specific grounds (life-threatening risk to the mother, fetal malformation incompatible with life, rape) remains open at the legislative and constitutional level.
Abuso de autoridad#
Abuse of authority
Crime committed by a public official or employee who, by reason of office, issues orders or performs acts contrary to the Constitution or the laws, or prevents or hinders their compliance. It harms public trust in the administration and the rights of those subject to it.
Abuso sexual#
Sexual abuse
Crime of performing sexual acts on another person without their consent, or on a person who by age or condition cannot consent, through violence, intimidation, or abuse of superiority. Distinct from rape in that penetration is not necessarily involved.
Accesión#
Accession
Mode of acquiring property by which the owner of a thing also acquires what it produces or what becomes incorporated into it naturally or artificially: fruits of a tree, alluvial deposit increasing land, construction built on one's land with another's materials. The law sets the rules for compensation when third parties' materials or labor are involved.
Acción#
Right of action
Right of any person to bring a claim before the courts and obtain a decision on it. Distinct from the substantive right being claimed: a person may have an action without having the merits in their favor.
Acción (societaria)#
Corporate share
Each of the units into which the capital of a corporation is divided. Represents the shareholder's rights within the company: dividends, participation in decisions, share of liquidation proceeds, preferential subscription rights. Usually evidenced by a certificate and freely transferable subject to bylaw restrictions.
Acción civil#
Civil action
Claim brought before the courts to enforce a property or family right, such as debt collection or damages.
Acción penal#
Criminal action
Power of the State, exercised by the Public Prosecutor’s Office, to prosecute and punish acts defined as crimes. Some offenses may also be pursued by the victim.
Acción popular#
Citizens' action
Procedural action any citizen may bring in defense of collective or diffuse interests — environment, cultural heritage, consumer rights, integrity of public funds — without needing to show a direct personal grievance. Its purpose is to enable citizen review of legality when the affected interests belong to the community as a whole.
Accionista#
Shareholder
Holder of one or more shares of a corporation. Their rights are political (attending and voting at meetings) and economic (receiving dividends, sharing in liquidation proceeds). Liability for the company's debts is limited to the amount of their contribution.
Acoso laboral#
Workplace harassment
Hostile, persecutory, or degrading conduct, exercised repeatedly by a superior, peer, or subordinate, affecting the worker's dignity or psychological integrity in the workplace. May give rise to civil compensation, criminal sanctions, and — if the employer fails to act — to termination of the contract with the employer's liability.
Acoso sexual#
Sexual harassment
Repeated unwelcome sexual conduct that creates a hostile, humiliating, or intimidating environment for the victim, usually in workplace, educational, or hierarchical settings. The law sanctions it through criminal liability and, separately, civil and labor liability.
Acreedor#
Creditor
Person, natural or legal, who holds the right to demand performance of an obligation. May be unsecured (no special collateral) or secured/privileged (with pledge, mortgage, or other preference), depending on the protection the law or contract grants.
Acto administrativo#
Administrative act
Unilateral decision by the public administration that produces legal effects on individuals, such as a ruling, permit, or sanction.
Acto firme#
Final administrative act
Administrative act against which no ordinary remedy is available, whether because the deadlines elapsed without challenge, all remedies were exhausted unsuccessfully, or the interested party expressly consented. It gains stability and may only be attacked through extraordinary means (administrative or judicial review).
Acuerdo#
Acuerdo (Order)
Legal act issued by the Executive Branch or another authority to decide matters within its jurisdiction. Published in La Gaceta when required.
Acuerdo Ejecutivo#
Executive order
Act of the President, countersigned by the relevant Cabinet Secretary, deciding administrative matters without legislative approval.
Acusado#
Defendant (criminal)
Person against whom the Public Prosecutor or a private accuser has filed a formal accusation for a crime.
Acusador privado#
Private accuser
Person who brings a criminal action in offenses of private prosecution, without involvement of the Public Prosecutor, as in some cases of insult or slander.
Ad hoc#
Latin for “for this”. Refers to a person or body appointed for a specific matter, such as an ad hoc judge for a particular case.
Ad referéndum#
Ad referendum
Act subject to later approval by a higher authority to take full effect. Common in international treaties pending ratification.
Adopción#
Adoption
Legal institution through which, by court order, a parent–child relationship is created between the adopter and the adoptee, with the same rights and duties as biological filiation.
Agotamiento de la vía administrativa#
Exhaustion of administrative remedies
Procedural requirement under which a person affected by an administrative act must first exhaust all available remedies before the administration itself (reconsideration, appeal) before going to the contentious-administrative court. Without such exhaustion the lawsuit is declared inadmissible.
Agravante#
Aggravating circumstance
Personal or factual circumstance that increases the offender's criminal liability, resulting in a higher sentence within the legal range. Common examples are treachery, cruelty, abuse of superiority, and recidivism.
Aguinaldo#
Aguinaldo (Christmas bonus)
Thirteenth-month salary the employer must pay the worker in December, equal to one month’s ordinary pay.
Albacea#
Executor
Person appointed by the testator or by the court to carry out the terms of the will and administer the estate until distribution.
Alcalde#
Mayor
Elected executive authority of the municipality, responsible for local administration, provision of municipal public services, execution of the budget, and representation of the municipality. Elected by direct suffrage every four years along with the council members who make up the Municipal Corporation.
Alimentos#
Support / Maintenance
Legal obligation to provide a family member with what they need for sustenance: food, clothing, housing, healthcare, and education. Owed between spouses, parents and children, descendants and ascendants, and between siblings in certain cases. Set by the court in proportion to the recipient's needs and the obligor's means.
Allanamiento#
Search of premises
Entry by authorities into a home or closed premises to carry out judicial proceedings. Requires a court order except in flagrante delicto or with the occupant’s consent.
Amnistía#
Amnesty
Legislative act of the National Congress that extinguishes criminal prosecution or erases a conviction for certain categories of offenses, generally political or related. Unlike a pardon, it operates with general (not individual) scope and removes the criminal record along with the penalty.
Amparo#
Amparo (constitutional protection)
Constitutional remedy that protects rights and guarantees recognized by the Constitution against acts or omissions by authorities or private parties that violate or threaten them.
Antigüedad#
Seniority
Continuous length of service of a worker for the same employer, counted from the start of the employment relationship. It is the basis for calculating several rights: vacation days, severance amount, retirement eligibility, and, in some cases, the promotion ladder.
Antijuridicidad#
Unlawfulness
Element of a crime requiring that the conduct contravene the legal order, i.e. that no justifying cause protects it.
Apátrida#
Stateless person
Person whom no State considers a national under its own law. Statelessness deprives the person of diplomatic protection and many civil and political rights; States party to the Convention relating to the Status of Stateless Persons undertake to facilitate their naturalization and to issue them identity and travel documents.
Apelación#
Appeal
Ordinary remedy by which a party asks a higher court to review and modify or reverse the ruling of a lower court.
Apersonamiento#
Formal appearance
Formal act by which a person enters a proceeding as a party, usually by proving identity and designating counsel. Without formal appearance the person is not recognized as a party and any filings will not be accepted.
Arbitraje#
Arbitration
Alternative dispute-resolution method in which the parties submit their dispute to one or more arbitrators, whose award is binding.
Arraigo#
Travel restriction (arraigo)
Precautionary personal measure imposing on the defendant the prohibition of leaving the country, or a specific territory, while the case is pending. Usually accompanied by surrender of the passport and communication to immigration authorities. Its purpose is to secure the defendant's presence by preventing flight.
Arras#
Earnest money / Deposit
Sum that one party delivers to the other at the formation of a contract, typically a sale, as a sign of perfection or as a guarantee. If the giver backs out, they lose it; if the recipient backs out, they return double the amount.
Arrendamiento#
Lease
Contract by which one party temporarily grants the use of a thing to another in exchange for a fixed price, called rent.
Arrendamiento financiero#
Financial lease (leasing)
Contract by which a specialized company (lessor) acquires an asset at the client's request (lessee) and grants its use in exchange for periodic payments, providing a purchase option at residual price at the end of the term. The legal form of "leasing", used to finance machinery, vehicles, and equipment.
Asesinato#
Aggravated murder
Homicide qualified by circumstances such as treachery, payment, cruelty or others set out in the Criminal Code; punished with an aggravated penalty.
Asilo#
Asylum
Protection granted by a State on its territory or in its diplomatic premises to a person persecuted on political grounds in another State.
Atenuante#
Mitigating circumstance
Personal or factual circumstance that reduces — without eliminating — the offender's criminal liability, resulting in a lower sentence within the legal range. Common examples are spontaneous confession, reparation of harm, and acting under sudden passion or obfuscation.
Audiencia#
Hearing
Procedural act in which the parties appear before the judge to present their claims, offer evidence, or be heard before a decision.
Autenticación#
Authentication
Act by which a notary or competent authority certifies that a signature on a private document actually belongs to the person identified as the signer, without implying any pronouncement on the document's content. Provides certainty as to authorship but does not convert the private document into a public one.
Auto#
Court order (auto)
Reasoned judicial decision resolving matters other than the merits, such as the admission of evidence or the rejection of an exception.
Autonomía municipal#
Municipal autonomy
Capacity of the municipality to govern itself freely within the constitutional and legal framework: enact its own ordinances, administer its assets, collect local taxes, organize municipal public services, and elect its authorities. One of the pillars of political and administrative decentralization in Honduras.
Autor#
Principal (perpetrator)
Person who personally commits the offense, directly, through another, or jointly with another (joint principal).
Autoridad administrativa#
Administrative authority
Body or official of the State to whom the law assigns powers to issue administrative acts producing legal effects on private parties. Its action must conform to the assigned competence, the established procedure, and the principles of legality, reasoned decision-making, and due process.
Autorización#
Authorization
Administrative act removing a legal impediment so that a private party may exercise a right they already hold. Unlike a permit or license, it does not create or transfer a new right; it only enables the exercise of the existing right by verifying that legal conditions are met.
Aval#
Aval (negotiable instrument guarantee)
Personal guarantee by which a person (the avalista) becomes jointly and severally liable to pay a negotiable instrument if the principal debtor does not. Given by signing the instrument itself or by a separate document; it remains effective even if the principal obligation is void for reasons other than formal defects.
Base imponible#
Taxable base
Amount to which the tax rate is applied to calculate the tax owed. For example, in income tax (ISR) the taxable base is the taxpayer's net income; in sales tax (ISV), the value of the taxable transaction. Its correct determination is central to the enforceability of the tax.
Bien inmueble#
Real property / Immovable
Thing that by its nature cannot be moved — land and buildings — and everything fixedly attached to them (installations, permanent plantings). Transfer requires a public deed and registration in the Property Registry to be effective against third parties.
Bien mueble#
Movable property
Thing that can be moved from one place to another without altering its substance, either by itself (livestock) or by external force (vehicles, furniture, money, negotiable instruments). Its rules on transfer, registration, and attachment differ from those of immovable property.
Bienes gananciales#
Community property
Assets acquired during marriage through the spouses' work, business activity, or joint effort, plus income generated by separate property during the union. Upon dissolution of the marriage they are divided equally, unless a marital agreement provides otherwise.
Bloque de constitucionalidad#
Constitutional bloc
Set of norms that, although not contained in the formal text of the Constitution, share its rank and serve as a parameter for constitutional review: international human-rights treaties ratified by the State, binding constitutional case law, and, depending on the applicable doctrine, general principles of law.
Bolsa de valores#
Stock exchange
Organized and supervised market where securities (shares, bonds, certificates, among others) issued by public and private entities are bought and sold. In Honduras it is regulated by the Ley de Mercado de Valores and supervised by CNBS; the Bolsa Centroamericana de Valores operates in Tegucigalpa.
Bona fide#
Latin for “in good faith”. Refers to honest and loyal conduct, without intent to defraud or knowledge of a defect.
Cabildo abierto#
Open town meeting
Citizen-participation mechanism by which the municipality summons residents to deliberate on matters of local interest.
Caducidad#
Lapse (caducidad)
Extinction of a right because it was not exercised within the strict period set by law. Unlike statutes of limitation, it cannot be interrupted.
Calumnia#
Calumny / False accusation of crime
Crime of falsely accusing another person, knowing the accusation to be false, of having committed a criminal act. Unlike injuria, the accusation is specific and refers to an identified crime. Prosecution requires the victim's initiative.
Cambio de nombre#
Name change
Modification of a person's name in the Civil Registry through the corresponding legal procedure, generally for justified cause (ridiculous or dignity-impairing name, gender adaptation, religious reasons, errors in the original record). In Honduras it requires judicial or notarial authorization depending on the case, with a marginal annotation on the birth record.
Capacidad de obrar#
Capacity to act
Capacity to personally exercise rights and undertake obligations. Acquired upon reaching majority and may be limited by judicial declaration of incapacity.
Capacidad jurídica#
Legal capacity
Capacity of every person to hold rights and obligations. Acquired at birth and extinguished at death.
Carga de la prueba#
Burden of proof
Procedural rule determining which party must prove the facts on which it bases its claims. In civil matters it generally rests with the plaintiff.
Carrera administrativa#
Administrative career
System for organizing State personnel based on merit and seniority, guaranteeing the public servant tenure and promotion opportunities by competitive exam. Excludes positions of free appointment and removal (political or trust positions), governed by separate rules.
Casación#
Cassation (final appeal)
Extraordinary appeal filed with the Supreme Court of Justice against final judgments for breach of law or procedural error.
Caso fortuito#
Fortuitous event
Unforeseeable event, or one that was foreseeable but unavoidable, beyond the actor's control, breaking the causal link between their conduct and the harmful outcome. Excludes criminal liability through absence of fault or intent, and is usually invoked alongside force majeure.
CEDIJ#
Electronic Center for Judicial Documentation and Information. Judiciary repository publishing judgments, orders, and other court documents.
Censura previa#
Prior censorship
Control an authority exercises over the content of an expression, publication, or broadcast before it reaches the public, conditioning its release on prior authorization. Expressly prohibited in Honduras under the Constitution and the American Convention, with very limited exceptions (public performances for child protection, war propaganda).
Cesantía#
Severance pay
Compensation the employer must pay to a worker dismissed without just cause, calculated according to years of service.
Cheque#
Check
Negotiable instrument by which the drawer orders a bank to pay a sum on demand to the payee, debited from available funds.
Ciudadanía#
Citizenship
Status of a national who has reached legal age and retains the exercise of political rights, principally the vote.
Cláusula penal#
Penalty clause / Liquidated damages
Contractual provision by which the parties set in advance the compensation owed in case of breach, delay, or defective performance of the obligation. It serves as predetermined liquidation of damages and, additionally, as pressure on the debtor; the judge may reduce it if manifestly excessive.
CNBS#
National Banking and Insurance Commission. Decentralized body that regulates and supervises Honduras’s financial, insurance, and pension systems.
Coautor#
Co-perpetrator
Person who carries out the crime jointly with one or more others, by prior or contemporaneous agreement and division of roles. Liable as a direct author of the whole act, not only the portion they physically carried out.
Cohecho#
Bribery
Crime committed by a public official who receives or solicits a gift to perform or omit an official act, and also by the person offering it.
Comerciante#
Merchant
Natural or legal person who engages in commerce on a habitual, professional basis, under the Commercial Code.
Comisión Interamericana de Derechos Humanos#
Inter-American Commission on Human Rights (IACHR)
Principal body of the Organization of American States in charge of promoting and protecting human rights in the hemisphere. It receives individual petitions against States, issues reports, orders precautionary measures, and, when a case warrants, submits it to the Inter-American Court. Headquartered in Washington D.C.
Comisión mercantil#
Commercial agency / Commission
Contract by which one person (commission agent) undertakes to perform on behalf of another (principal) one or more commercial acts in exchange for compensation. The agent may act in their own name or in the principal's; in the first case only the agent is directly bound to third parties.
Comodato#
Loan for use (commodatum)
Contract by which one party gratuitously delivers to another a non-fungible asset to use for a period and then return.
Competencia desleal#
Unfair competition
Set of commercial practices contrary to honest market usage: deceiving the consumer, slavish imitation of competitors' products, disparagement of competitors, abuse of trade secrets, among others. Gives rise to cease-and-desist actions, damages, publication of the judgment, and administrative sanctions.
Competencia territorial#
Territorial jurisdiction
Assignment to a court of the competence to hear a matter based on the territory where the facts occurred, where one of the parties resides, or where the disputed asset is located. Allows efficient distribution of judicial workload and brings justice closer to the place of the controversy.
Cómplice#
Accomplice
Person who intentionally cooperates in another’s offense through prior or simultaneous acts that were not strictly indispensable to its commission.
Compraventa#
Sale
Contract by which one party undertakes to transfer ownership of a thing to another, who undertakes to pay a fixed price in money.
CONADEH#
National Commissioner for Human Rights. Autonomous institution tasked with safeguarding respect for human rights in Honduras.
Concesión#
Concession
Act by which the State grants a private party the right to exploit a public asset or provide a public service under conditions set by law.
Concesión de servicio público#
Public service concession
Administrative contract by which the State grants a private party — natural or legal person — the right to provide a public service, with the concessionaire assuming the economic risk of operation in exchange for charging users a tariff. Applies in sectors such as telecommunications, energy, and transport.
Conciliación#
Conciliation
Alternative dispute-resolution method in which an impartial third party proposes settlement formulas for the parties to reach agreement.
Conciliación laboral#
Labor conciliation
Mandatory preliminary procedure in many labor disputes, in which an official of the Secretaría de Trabajo attempts to bring the worker and employer to an agreement before going to court. If reached, the agreement has the effect of res judicata; if not, the judicial path is opened.
Concurso de acreedores#
Insolvency proceeding
Collective procedure in which the assets of an insolvent debtor are liquidated to pay creditors in the order and proportion set by law.
Concurso de delitos#
Concurrence of crimes
Situation in which the same person has committed several crimes prosecuted in the same case. May be real (several separate acts each constituting a crime), ideal (a single act violating several criminal rules), or medial (one crime as a necessary means to another). Each form has distinct sentencing rules.
Confesión#
Confession
Means of proof consisting of a party’s statement acknowledging facts that prejudice them, made with full capacity and freedom.
Conflicto colectivo#
Collective dispute
Labor controversy between one or more employers and a group of workers or a union, regarding common interests — list of demands, collective bargaining, modification of general conditions. It may be resolved through direct settlement, mediation, arbitration, or, where applicable, through strike or work stoppage.
Conflicto de intereses#
Conflict of interest
Situation in which the personal, family, or economic interest of an official, judge, professional, or representative may compromise their duty to act with impartiality and objectivity in the exercise of their office. The law requires disclosure, recusal from the matter, or facing legal consequences (recusal, nullity of the act, administrative or criminal sanction).
Conflicto individual#
Individual dispute
Labor controversy between a worker and their employer regarding rights arising from the individual employment contract (wage payment, benefits, classification of the dismissal, among others). Processed before the Labor Courts under the procedure of the Labor Code.
Congreso Nacional#
National Congress
Body exercising legislative power in Honduras. Composed of 128 deputies elected by department by popular vote for four-year terms.
Conmutación de pena#
Commutation of sentence
Substitution of the imposed penalty for a less severe one in execution, without altering the conviction itself. In Honduras it may be applied, depending on the case, through presidential pardon or under statutory rules allowing prison to be converted to a fine, community service, or other measures for short sentences.
Constitución de la República#
Constitution of the Republic
Fundamental law of the Honduran State, enacted in 1982. Sets out the organization of public power, the rights and guarantees of persons, and the principles of the legal order.
Consulta popular#
Popular consultation
Mechanism of direct democracy by which the people are called to pronounce on matters of national, departmental, municipal, or community interest. Includes the plebiscite, referendum, open council (cabildo abierto), and other forms provided in the Ley de Mecanismos de Participación Ciudadana.
Consulta previa#
Prior consultation
Right of indigenous and Afro-descendant peoples to be consulted, before any legislative, administrative, or resource-exploitation measure that may affect them is adopted, through culturally appropriate procedures and in good faith, with the aim of obtaining their free, prior, and informed consent. In Honduras its enforceability is based on ILO Convention 169.
Contencioso administrativo#
Administrative litigation
Specialized jurisdiction hearing disputes between private parties and the public administration over administrative acts.
Contestación de la demanda#
Answer (to a complaint)
Procedural act by which the defendant responds to the plaintiff’s claims, raising defenses, denying or admitting the facts.
Contratación administrativa#
Public procurement
Legal regime applicable to contracts between the State and private parties for goods, services or works, subject to principles of transparency and competition.
Contrato#
Contract
Agreement between two or more persons to create, modify or extinguish obligations of patrimonial content.
Contrato colectivo de trabajo#
Collective bargaining agreement
Agreement between one or more employers and a trade union setting the working conditions applicable to a group of workers.
Contrato de trabajo#
Employment contract
Agreement by which a person undertakes to render a personal service under another’s direction and supervision in exchange for a wage.
Contribuyente#
Taxpayer
Person, natural or legal, on whom the principal tax obligation falls — namely, payment of the tax under the law. In Honduras every taxpayer must register in the National Tax Registry (RTN) and file the returns corresponding to their regime and activity.
Control de constitucionalidad#
Constitutional review
Mechanism by which courts verify that laws, administrative acts, and judgments conform to the Constitution, declaring them inapplicable or void when they contradict it. In Honduras it is exercised on a concentrated basis by the Constitutional Chamber of the Supreme Court, and on a diffuse basis by ordinary judges in specific cases.
Control de convencionalidad#
Conventionality control
Examination that national judges perform to verify the conformity of domestic norms and acts with the American Convention on Human Rights and the case law of the Inter-American Court. When there is incompatibility, they must give preference to the conventional norm over the domestic one.
Convención Americana sobre Derechos Humanos#
American Convention on Human Rights
Regional human-rights treaty signed in San José in 1969, also known as the Pact of San José. Recognizes a broad catalog of civil and political rights and creates the Inter-American Commission and Court as its protection bodies. Ratified by Honduras in 1977, it forms part of its constitutional bloc.
Convenio#
Convention
Agreement between two or more legal subjects —States, institutions or private parties— to regulate common interests. In international law, often treated as a treaty.
Cónyuge#
Spouse
Each of the persons united in marriage. Spouses acquire reciprocal rights and duties: cohabitation, fidelity, mutual support, contribution to household expenses, and, depending on the economic regime, joint ownership of assets acquired during the union.
Cooperativa#
Cooperative
Autonomous association of persons who voluntarily unite to meet common economic or social needs through a jointly owned enterprise.
Corpus delicti#
Corpus delicti (body of the crime)
Set of material and objective elements demonstrating that a crime actually occurred: the body of the crime in a broad sense. Not the corpse in homicides (though it covers that too), but the evidence proving the existence of the criminal act itself, independently of who committed it. Without corpus delicti there can be no criminal conviction.
Corte Interamericana de Derechos Humanos#
Inter-American Court of Human Rights
Autonomous judicial body of the Inter-American Human Rights System, based in San José, Costa Rica, in charge of applying and interpreting the American Convention on Human Rights. Honduras accepted its contentious jurisdiction in 1981; its judgments against the State are binding and final.
Corte Suprema de Justicia#
Supreme Court of Justice
Highest court of the Honduran Judiciary. Composed of 15 magistrates; hears cassation appeals, jurisdictional conflicts, and unconstitutionality actions.
Cosa juzgada#
Res judicata
Quality of a final judgment that makes it unchallengeable between the parties and bars relitigation of the same matter.
Costas procesales#
Court costs
Expenses incurred during proceedings — expert fees, translations, publications, court fees, among others — that the judge may impose on the losing party in the judgment. They do not include a party's own attorney's fees unless expressly awarded.
Costumbre#
Custom
Legal rule created by the repeated and constant practice of conduct with a sense of legal obligation. Applies in the absence of, or by reference from, statute.
Cuasicontrato#
Quasi-contract
Lawful, voluntary act that creates obligations without an agreement of wills, such as agency without mandate or payment of what was not owed.
Cuasidelito#
Quasi-delict (negligence)
Unlawful act committed without intent to harm but through fault or negligence, giving rise to a duty to repair the resulting damage.
Culpa#
Negligence (culpa)
Form of subjective imputation consisting of acting in breach of an objective duty of care, without intending the harmful result but being able to foresee it.
Culpabilidad#
Culpability
Legal reproach directed at the author of a typical and unlawful act when they could and should have acted lawfully. Presupposes criminal capacity.
Cumplimiento normativo#
Compliance
Function within an organization aimed at ensuring that its activities, employees, and relationships with third parties conform to the applicable legal framework and internal codes of conduct. In Honduras it is particularly relevant in regulated sectors such as banking, insurance, and telecommunications, and in money-laundering prevention.
Curatela#
Curatorship
Protective institution by which a curator assists an adult declared incapacitated for the exercise of certain rights.
Daño#
Damage
Material or moral harm caused to a person, capable of giving rise to an obligation to compensate on the part of the responsible party.
Daño emergente#
Actual damages
Actual decrease in the victim's assets resulting directly and immediately from the harmful event: medical expenses, repairs, destroyed property, debts incurred to address the emergency. One of the classic components of compensation along with lost profits.
Daño moral#
Moral damages
Harm to a person's non-pecuniary interests — honor, psychological integrity, privacy, family affections, dignity — caused by wrongful conduct. Compensable even without an exact monetary equivalent; the judge sets the amount prudentially considering the severity of the act and the victim's circumstances.
De facto#
De facto (in fact)
Latin expression meaning "in fact". Qualifies a situation or authority that exists in reality but lacks legal foundation or formal recognition. A de facto government exercises power without constitutional title; a de facto spouse cohabits maritally without formalized marriage.
De iure#
De iure (by law)
Latin expression meaning "by law". Qualifies a situation or authority that has formal recognition and legal foundation, even if it does not necessarily exist in practice. Opposed to "de facto": a de iure ruler may not exercise effective power, and vice versa.
Debida diligencia#
Due diligence
Conduct standard requiring a person — natural or legal — to act with the degree of prudence, care, and information reasonably expected in their position. In commercial contracts it translates into prior investigations (financial, legal, technical) before closing the transaction; in human-rights and anti-money-laundering matters, into internal risk-identification policies.
Debido proceso#
Due process
Guarantee that every person be tried by a competent court, with the right to defense, presumption of innocence, evidence, and appeal to a higher authority.
Décimocuarto mes#
Fourteenth-month pay
Additional one-month salary that the employer must pay the worker in June of each year, regulated by the Ley del Séptimo Día y Décimo Cuarto Mes de Salario. Distinct from the aguinaldo (thirteenth-month pay) paid in December. Both are independent and non-waivable rights.
Declaración tributaria#
Tax return
Document by which the taxpayer reports to the tax administration the facts relevant to determining their tax obligation: income, deductible expenses, credits, withholdings, and the amount of tax due. In Honduras it is filed with the Tax Administration Service (SAR) within the time limits and formats established by law.
Decomiso#
Forfeiture
Loss in favor of the State of the instruments, effects, or proceeds of a crime, ordered by final judgment.
Decreto#
Decree
Normative act issued by the National Congress or the Executive Branch. Congressional decrees, once enacted and published, have the rank of law.
Decreto Ejecutivo#
Executive Decree
Normative act of the President, countersigned by the relevant Cabinet Secretary, to implement or execute a law.
Defensor de oficio#
Public defender (court-appointed)
Attorney assigned by the State to represent free of charge a defendant who lacks private counsel or the means to pay for one. In Honduras provided by the Defensa Pública attached to the Judicial Branch, with mandatory coverage from the first procedural act in which the defendant must be assisted by counsel.
Defensor público#
Public defender
State attorney charged with providing free legal assistance to persons unable to obtain counsel in criminal or other proceedings.
Delito#
Crime
Human conduct that is voluntary, contrary to criminal law, unlawful, statutorily defined, and culpable, sanctioned with a penalty. Classified by severity (serious, less serious, and minor offenses) and by the form of the act (commission, omission, intentional, or negligent).
Demanda#
Complaint (civil)
Procedural act by which a person brings a claim against another before the court, initiating a civil case.
Denuncia#
Criminal complaint
Oral or written communication informing an authority of the possible commission of a crime.
Derecho a la vida#
Right to life
Fundamental and inviolable right protecting the biological existence of the person from conception. In Honduras it has constitutional status and is reflected in absolute prohibitions (death penalty, torture) and in positive State obligations (protection against health, environmental, and security risks).
Derecho administrativo#
Administrative law
Branch of public law governing the organization, functions, and procedures of public administration, as well as its relationships with private parties. Covers administrative acts and contracts, public services, the rules for officials, administrative remedies, and judicial review of the administration.
Derecho ambiental#
Environmental law
Branch of law governing the protection, conservation, restoration, and sustainable use of the environment and its resources. Combines public-law rules (sanctions, licenses, oversight) and private-law rules (liability for environmental harm). In Honduras the Ley General del Ambiente and the Secretaría de Recursos Naturales y Ambiente (SERNA) are its institutional core.
Derecho de autor#
Copyright
Set of moral and economic rights the law recognizes for the creator of a literary, artistic, or scientific work.
Derecho de petición#
Right to petition
Right of every person, individually or in groups, to address public authorities in writing to submit requests, complaints, or claims regarding matters of personal or general interest. The authority is obligated to give a reasoned response within the legal time limit.
Derecho internacional privado#
Private international law
Set of rules that determine, in situations with foreign elements (mixed marriages, cross-border contracts, international successions), which law applies, which judge is competent, and how foreign judgments and acts are recognized. It does not directly govern the relationship; rather it indicates the law that governs it.
Derecho internacional público#
Public international law
Branch of law governing relations between States and other subjects of international law (international organizations, certain peoples, individuals in some cases). Its main sources are treaties, international custom, general principles of law, and, as auxiliary means, case law and doctrine.
Derecho personal#
Personal right (in personam)
Subjective right granting its holder the power to demand from a specific person a performance — to give, do, or refrain from doing something. Its effectiveness is limited to the debtor (not opposable to third parties), unlike a real right that bears on the thing itself. Credits arising from contracts are the most common examples.
Derecho real#
Real right (in rem)
Category of subjective right exercised directly over a thing, effective against all (erga omnes). Its classic types are ownership and rights over another's property (usufruct, easement, pledge, mortgage, security interest in movables). Distinct from a personal or credit right, which is exercised only against a specific person.
Derechos civiles#
Civil rights
Category of fundamental rights protecting the individual sphere of the person against the State and third parties: life, personal integrity, liberty, equality, privacy, honor, property, freedom of conscience and expression. Their exercise does not depend on the holder's economic or political situation.
Derechos de los pueblos indígenas#
Rights of indigenous peoples
Set of collective and individual rights recognized for indigenous and Afro-descendant peoples: cultural identity, language, ancestral territory, self-government, prior consultation on measures affecting them, access to justice with an intercultural perspective. In Honduras grounded in ILO Convention 169, ratified by the State, and in inter-American case law.
Derechos fundamentales#
Fundamental rights
Set of rights and freedoms recognized by the Constitution as inherent to the human person, binding on all public authorities and protected through reinforced guarantees (amparo, habeas corpus, unconstitutionality challenges). Cover civil, political, social, economic, and cultural rights.
Derechos humanos#
Human rights
Rights inherent to every person by virtue of being human, recognized by the Constitution and the international treaties ratified by Honduras.
Derechos políticos#
Political rights
Rights that allow citizens to participate in shaping, exercising, and overseeing political power: the right to vote, to be elected to public office, to form political parties, and to participate in popular consultations. Normally recognized for nationals of legal age in full exercise of their rights.
Descentralización#
Decentralization
Transfer of competencies and resources from the central government to entities with their own legal personality (municipalities, autonomous institutions, state enterprises) which exercise them under their own responsibility and with relative autonomy. Brings decisions closer to citizens and improves service delivery; distinct from mere deconcentration because the recipient holds legal personality.
Desconcentración#
Deconcentration
Transfer of decision-making functions from the central level of an administrative body to its regional or local offices, without those offices acquiring their own legal personality. Allows for speedier management without altering the hierarchical structure or creating new entities.
Designado presidencial#
Presidential Designate
Officer elected at the same time as the President who replaces them in case of temporary absence or vacancy. In Honduras up to three may exist, ranked hierarchically to secure succession, chosen on the winning party's ticket. The figure replaces the Vice President office that exists in other countries.
Desistimiento#
Withdrawal
Express declaration by the plaintiff or private prosecutor of intent not to continue the case or appeal. Once accepted by the court, it produces the definitive closure of the matter and, depending on the case, may bar a new filing.
Despido#
Dismissal
Unilateral act of the employer ending the employment relationship. May be justified by legal cause or unjustified, triggering compensation.
Despido injustificado#
Unjustified dismissal
Unilateral termination of the employment contract by the employer without a legally justified cause. Entitles the worker to full settlement, including severance (cesantía) and indemnification in lieu of notice (preaviso), plus prorated accrued benefits. The most commonly litigated category in Honduran labor cases.
Despido justificado#
Justified dismissal
Termination of the employment contract by the employer based on a specific legal cause attributable to the worker (serious misconduct, job abandonment, repeated breach, among others). When proven in court, the employer is not obligated to pay severance or notice indemnification, though accrued benefits are still owed.
Detención#
Detention
Temporary deprivation of liberty carried out by the police or by private individuals in cases of flagrancy, or by judicial order. It must be immediately reported to the prosecutor's office and to the judge; the detainee has the right to be informed of the reason and to have counsel.
Deudor#
Debtor
Person bound to perform an obligation — give, do, or refrain from doing something — in favor of the creditor. They answer for performance with all their present and future assets, except those the law declares unattachable.
Devolución tributaria#
Tax refund
Repayment the treasury owes the taxpayer when they have paid more than what was legally due, whether by error, excess withholding, or application of a tax benefit. In Honduras the sales-tax (ISV) refund to exporters is one of the most relevant scenarios in business practice.
Día feriado#
Public holiday
Day declared by law as a paid mandatory rest day in commemoration of civic, religious, or social dates (January 1, Holy Week, April 14, May 1, September 15, among others). Work performed on a holiday is paid with a surcharge under the rules of the Labor Code.
Dictamen#
Expert opinion / Legal opinion
Technical or legal opinion issued by an expert, legal consultant, or advisory body on a disputed point. It does not bind the judge but constitutes evidence or a relevant input for the decision.
Diligencia#
Procedural action
Each of the specific acts performed within a case to move it forward: notifications, inspections, depositions, attachments, summonses, among others. The term also refers to the record documenting such act.
Diputado#
Deputy (member of Congress)
Member of the National Congress elected by popular vote. Empowered to introduce, debate, and pass laws, with the further powers granted by the Constitution.
Discriminación#
Discrimination
Any distinction, exclusion, or restriction based on grounds prohibited by law —such as sex, race, religion, or opinion— that nullifies the equal exercise of rights.
Dividendo#
Dividend
Share of a company's profits distributed to shareholders in proportion to the number and class of shares they hold. Payment requires a resolution of the general meeting, based on approved financial statements and the applicable legal reserve.
Divorcio#
Divorce
Judicial dissolution of the marital bond, granted on a legal ground or by mutual consent of the spouses.
Doble nacionalidad#
Dual nationality
Status of a person who simultaneously holds the nationality of two or more States. Honduras expressly recognizes it for its nationals, with the acquisition or retention of a foreign nationality not implying loss of Honduran nationality, except by express renunciation.
Doble tributación#
Double taxation
Situation in which the same income or wealth is taxed by two or more States at the same time, generally because they apply different criteria (residence, source, nationality). To avoid it, States conclude Conventions to Avoid Double Taxation that allocate taxing power between them. Honduras has several such conventions in force.
Doctrina#
Legal doctrine
Opinions and writings of jurists on the law. Not a formal source, but aids in the interpretation and application of legal rules.
Documento#
Document
Any material medium containing data or information with legal effect, whether public (authorized by an official) or private.
Dolo#
Intent (dolus)
Form of subjective imputation consisting of the conscious will to commit the offense, with knowledge of its elements.
Dolo eventual#
Eventual intent (recklessness)
Form of intent in which the offender does not directly seek the harmful outcome but anticipates it as likely and accepts or acquiesces in it. Relevant for distinguishing intentional from negligent homicide in borderline situations (reckless driving, firing into the air, among others).
Domicilio fiscal#
Tax domicile
Place of residence or business location of a taxpayer registered with the Tax Administration Service, for tax purposes.
Donación#
Donation
Gratuitous act by which one person transfers a thing or right to another without consideration in return.
Donación mortis causa#
Donation mortis causa
Donation whose effects arise at the donor's death, distinct from inter vivos donations (immediate effects) and approaching the testamentary regime. Subject to special formalities and to the limits of the forced heirs' legitime.
Ejecutoria#
Final enforceable judgment
Judgment that has become final because no further appeal is available and is therefore fully enforceable. Once final, it acquires res judicata authority and can be enforced compulsorily if not complied with voluntarily.
Elusión fiscal#
Tax avoidance
Use of formally legal mechanisms — but contrary to the spirit of the law — to reduce or avoid paying a tax, by exploiting regulatory gaps, forced characterizations, or artificial structures. Distinct from evasion (concealment or falsehood) by its appearance of legality, but may be disregarded by the administration under the anti-avoidance clause of the Tax Code.
Emancipación#
Emancipation
Act by which a minor acquires capacity to manage their person and assets as if they were of age, whether by marriage, by grant of those exercising parental authority, or by reaching majority. Once granted, it cannot be revoked.
Emplazamiento#
Summons
Procedural act calling the defendant to appear in court within a set period, under warning of being declared in default.
Empleado público#
Public employee
Person bound to the State by an employment or service relationship, through appointment, contract, or election, to perform public functions.
Encubridor#
Accessory after the fact
Person who, without having acted as principal or accomplice, intervenes after the offense to help its authors or take advantage of its proceeds.
Endoso#
Endorsement
Act by which the holder of a negotiable instrument (check, promissory note, bill of exchange, commercial invoice) transfers it to another person by writing a signed declaration on the back identifying the new beneficiary. The endorsee acquires all rights arising from the instrument.
ENEE#
National Electric Energy Company. State entity responsible for the generation, transmission, and distribution of electricity in Honduras.
Enriquecimiento ilícito#
Illicit enrichment
Crime committed by a public official whose net worth notoriously increases without being able to justify the lawful origin of the increase.
Erga omnes#
Latin for “toward all”. Refers to rights or obligations enforceable against everyone, not just a specific party.
Escritura pública#
Public deed / Notarial instrument
Document authorized by a notary in the exercise of their office, recording acts or contracts with full legal effect: real-estate sales, wills, formation of companies, general powers of attorney, among others. It is full proof of its contents and carries notarial faith.
Estabilidad laboral#
Job security
Principle protecting the worker's continued employment against arbitrary dismissal, requiring any termination of the contract to be grounded in legal cause. In Honduran practice it does not prevent unjustified dismissal, but it obligates the employer to pay indemnification.
Estado de Derecho#
Rule of law
System in which public power is bound by the legal order, authorities act under law, and the fundamental rights of persons are guaranteed.
Estado de excepción#
State of emergency
Exceptional constitutional situation declared by the Executive and ratified by Congress, allowing limited suspension of guarantees in response to a grave threat to public order.
Estado de necesidad#
Necessity (defense)
Justification under which a person who harms a legal interest to avoid a greater evil is not punishable, provided they did not provoke the situation.
Estado de sitio#
State of siege
Emergency regime the State may declare in case of grave disturbance of public order, allowing the temporary restriction of certain rights under the Constitution.
Estado laico#
Secular State
Form of State organization characterized by independence between public institutions and religious denominations, with no official religion and active neutrality of political power toward beliefs. The Honduran Constitution recognizes freedom of religion and the absence of an official religion, without prejudice to State cooperation with religious communities on matters of common interest.
Estafa#
Fraud (estafa)
Crime committed by a person who, for profit, induces another into error through deception and thereby obtains an undue economic benefit.
Evasión fiscal#
Tax evasion
Intentional act or omission by a taxpayer to fully or partially avoid paying a tax, in breach of law.
Ex nunc#
Ex nunc (from now)
"From now": indicates that an act produces effects only prospectively, without affecting situations consolidated before its declaration. A nullity ex nunc respects what has already been performed and operates only from the moment of declaration onward.
Ex officio#
Latin for “by virtue of office”. Refers to action taken by an authority on its own initiative, without a party’s request.
Ex post facto#
Ex post facto (after the fact)
"After the fact": a law or provision sought to be applied to events occurring before its entry into force. Prohibited in criminal matters by the principle of non-retroactivity of unfavorable law: no one may be tried under a law later than the act, except when the new law favors the defendant.
Ex tunc#
Ex tunc (from then)
"From then": indicates that an act produces retroactive effects, from the date it originally should have produced them. A nullity declared ex tunc erases all effects of the act as if it had never existed; restitution is usually its natural consequence.
Excepción#
Defense (exception)
Means of defense raised by the defendant to defeat the complaint, on procedural grounds (dilatory) or on the merits (peremptory).
Exención#
Exemption
Tax benefit established by law that releases the taxpayer from the obligation to pay a tax even though the taxable event has occurred. May be objective (on certain goods or transactions) or subjective (on certain persons or entities). In Honduras basic-basket goods and certain educational and health services are exempt from sales tax (ISV).
Exhorto#
Letter rogatory
Official communication between courts by which one requests another to perform an act that must be carried out outside its territorial jurisdiction. When the recipient is a foreign court it is called an international letter rogatory.
Eximente#
Exempting circumstance
Circumstance that fully excludes the offender's criminal liability: grounds of non-imputability (minority, mental disorder), justification (self-defense, necessity, performance of a duty), or non-culpability (insurmountable fear, unavoidable mistake). When established, it leads to acquittal.
Exoneración#
Exoneration
Act by which the competent authority — generally the National Congress or the Executive under legal authorization — releases a specific taxpayer from paying one or more taxes on public-interest grounds (investment promotion, humanitarian aid, strategic sectors). Distinct from exemption in that it requires an express act for each case.
Expediente administrativo#
Administrative file
Ordered collection of documents and acts that the administration accumulates in a procedure to resolve a matter: application, evidence, technical reports, notifications, rulings, and appeals. It is the basis for internal and external oversight of administrative activity, and must be available to the interested party.
Expropiación#
Expropriation
Compulsory deprivation of private property for public utility or necessity, by law and upon prior payment of just compensation.
Extinción de dominio#
Asset forfeiture (civil)
Standalone proceeding, real and non-criminal in nature, by which the State deprives the owner of property obtained directly or indirectly from illicit activities (drug trafficking, money laundering, corruption, among others) or intended for their commission. It does not require a prior criminal conviction and is governed by the Ley sobre Privación Definitiva del Dominio de Bienes de Origen Ilícito.
Extinción de la acción penal#
Extinction of criminal action
Cessation of the State's right to prosecute a crime before a final judgment is issued. May arise from the defendant's death, prescription, amnesty, payment in economic crimes where the law admits it, fulfillment of opportunity criteria, conciliation, or the victim's withdrawal in private-action offenses, among other statutory grounds.
Extorsión#
Extortion
Crime committed by a person who, through violence or intimidation, forces another to perform or omit an act to the detriment of their property.
Extradición#
Extradition
Surrender of a person accused or convicted of a crime by one State to another that requests them for trial or to serve a sentence.
Factoraje#
Factoring
Contract by which a company (factor) acquires the accounts receivable of another (client) at a price below face value, assuming all or part of the collection risk. Allows the client to obtain immediate liquidity without waiting for invoices to mature.
Factura#
Invoice
Commercial document issued by the seller or service provider detailing the goods or services supplied, their quantity, unit price, discounts, taxes, and total amount due. In Honduras it must meet the formal requirements of the SAR billing regime to have tax validity and serve as proof of the transaction.
Factura cambiaria#
Commercial invoice (negotiable instrument)
Negotiable instrument incorporating a credit sale of merchandise, signed by the buyer as acceptance. Combines the evidentiary function of an ordinary invoice with the executory force of a negotiable instrument: upon maturity, if unpaid, it allows the holder to enforce collection through executive proceedings without need for a prior declaratory judgment.
Falsificación de documentos#
Document forgery
Crime consisting of altering, simulating, or fabricating public or private documents to pass them off as authentic.
Falta#
Petty offense
Criminal infraction of lesser gravity than a felony, punished with mild penalties such as fines or community service.
Fe pública#
Public faith / Notarial faith
Quality the law attaches to the acts of certain officials (notaries, court clerks, registrars), under which their statements are presumed truthful and binding until challenged as false by a final judgment. It is the basis for the trust placed in public instruments.
Femicidio#
Femicide
Autonomous crime consisting of killing a woman on grounds of gender. Defined in the Criminal Code with an aggravated penalty.
Fianza#
Surety / Bail
Contract by which a guarantor undertakes to fulfill another’s obligation if they do not. Also: security for the pretrial release of the accused.
Fideicomiso#
Trust
Contract by which one person (settlor) transfers one or more assets to another (trustee, usually a financial institution) to be managed for a specific purpose for the benefit of a third party or the settlor (beneficiary). Common in investment, estate, and project-management contexts.
Filiación#
Filiation
Legal bond linking a person to their father, mother, or both, with the rights and duties arising therefrom.
Financiamiento del terrorismo#
Terrorism financing
Provision or collection of funds, by any means, with knowledge that they will be used — wholly or partly — to commit acts of terrorism or by terrorist organizations. In Honduras sanctioned regardless of whether the funds are actually used and regardless of the underlying terrorist offense, in accordance with FATF standards.
Firma electrónica#
Electronic signature
Set of electronic data associated with a document that allows identification of the signer and verification of the integrity of the content. When issued by an accredited certification service provider, the certified electronic signature has in Honduras the same legal value as a handwritten signature, under the Ley sobre Firmas Electrónicas.
Fiscal#
Prosecutor
Public Prosecutor’s Office official charged with bringing public criminal actions on behalf of society and ensuring the legality of the proceedings.
Franquicia#
Franchise
Contract by which the owner of a brand, system, or business method (franchisor) licenses its use to another person (franchisee) in exchange for an initial fee and periodic royalties, also transferring know-how and technical assistance. The franchisee operates under the franchisor's brand and standards while remaining legally and economically independent.
Fuero sindical#
Union protection
Special protection the law grants to union officers and representatives, as well as to workers in the process of forming a union, against dismissal or downgrading of conditions. An employer seeking to dismiss them must first obtain judicial authorization; without it the dismissal is void.
Fuerza mayor#
Force majeure
External, irresistible, and unforeseeable event that prevents the bound party from complying with their duty or that causes a harmful outcome outside their will. Excludes criminal and civil liability; classic examples are natural disasters, armed conflict, and unforeseen acts of authority.
Fuerzas Armadas#
Armed Forces
Permanent institution of the State, essentially professional, apolitical, obedient, and non-deliberative, in charge of defending the territorial integrity and sovereignty of Honduras. Constitutionally subordinate to civilian power under the supreme command of the President of the Republic.
Fumus boni iuris#
Fumus boni iuris (appearance of good right)
"Appearance of good right": requirement for granting a precautionary measure, consisting of showing that the applicant's claim has a reasonable probability of being granted in the final judgment. It does not require certainty, only plausibility of the right invoked.
Función pública#
Public function
Set of activities and duties performed by State servants to carry out the purposes of public administration. Entails a special legal regime — duties of probity, neutrality, dedication, and accountability — distinct from private employment. In Honduras it is governed by the Civil Service Law and sectoral regulations.
Funcionario público#
Public official
Person designated by election, appointment, or contract to exercise a function of power or authority on behalf of the State.
Fusión de sociedades#
Corporate merger
Operation by which two or more companies combine into one: by absorption (one company takes over the assets of others that dissolve) or by consolidation (all companies dissolve to form a new one). Requires resolutions of the respective shareholder meetings, a merger balance sheet, and mercantile registration.
Garantía mobiliaria#
Security interest in movables
Real security right over movable assets (inventory, accounts receivable, machinery, vehicles, trademark rights, among others) registered in a special registry to secure performance of an obligation. In Honduras it is governed by the Ley de Garantía Mobiliaria and registered with the Registro de Garantías Mobiliarias.
Garantías constitucionales#
Constitutional guarantees
Legal mechanisms set out in the Constitution to protect fundamental rights, such as amparo, habeas corpus, and habeas data.
Gerente#
Manager / General Manager
Person appointed by the corporate bodies to represent the company and manage its daily operations. Powers arise from the appointment, bylaws, and law; when acting within them, they bind the company. Liable to the company and shareholders for harm caused by fault or willful misconduct.
Golpe de Estado#
Coup d'état
Seizure or replacement of political power through means not provided in the Constitution, generally through the use or threat of force, breaking the existing constitutional order. In recent Honduran history, the constitutional rupture of 2009 was classified as a coup d'état by the Organization of American States and other international bodies.
Hábeas corpus#
Habeas corpus
Constitutional guarantee protecting personal liberty against unlawful or arbitrary detention, ordering the immediate presentation of the detainee before a judge.
Hábeas data#
Habeas data
Constitutional guarantee allowing any person to access data held about them in public or private files and to seek its correction or deletion.
Hecho imponible#
Taxable event
Factual presupposition provided for by law whose occurrence gives rise to the tax obligation. Examples: receiving income, selling a taxable good, importing merchandise, owning real estate. Until the taxable event occurs, there is no obligation to pay the tax.
Herencia#
Inheritance
Set of assets, rights, and obligations of a deceased person, transmitted to heirs by testate or intestate succession.
Hipoteca#
Mortgage
Real security right created over the debtor’s immovable property to secure performance of an obligation, without dispossessing the owner.
Homicidio#
Homicide
Crime consisting of killing another person. The basic offense may be aggravated or mitigated according to the circumstances set out in the Criminal Code.
Homicidio culposo#
Negligent homicide
Death of a person caused by recklessness, negligence, lack of skill, or breach of regulations, without intent to kill. The typical form of homicide in traffic accidents, workplace accidents, and professional malpractice; it carries significantly lower penalties than intentional homicide.
Homicidio doloso#
Intentional homicide
Death of a person caused with intent (dolo) to kill, or with knowledge and acceptance of the likely lethal outcome. The most serious form of homicide; with certain qualifying circumstances, it becomes murder (asesinato).
Horas extras#
Overtime
Time worked beyond the ordinary workday, which must be paid at a premium under the Labor Code.
Horas nocturnas#
Night-shift hours
Hours worked between 7:00 p.m. and 5:00 a.m. The ordinary night shift has a shorter maximum duration than the day shift and is paid with a surcharge over the ordinary wage. Mixing day and night hours within the same shift constitutes a mixed shift, with its own rules.
Huelga#
Strike
Collective, voluntary, and peaceful suspension of work, exercised by workers in defense of their economic or social interests, in accordance with the law.
Hurto#
Theft (simple)
Crime consisting of taking another’s movable property for profit, without violence or intimidation on persons or force on things.
IAIP#
Institute for Access to Public Information. Guarantor body for the right of access to information held by the State and transparency in public administration.
ICF#
Forestry Conservation Institute. Body in charge of the administration, management, and protection of forest resources, protected areas, and wildlife.
Igualdad ante la ley#
Equality before the law
Constitutional principle by which all persons hold the same rights and must receive the same legal treatment, without discriminatory distinctions.
IHSS#
Honduran Social Security Institute. Institution charged with administering the social-security regime for health, maternity, and pensions for its members.
Impuesto#
Tax
Mandatory levy that the State requires from taxpayers without direct consideration, to finance public expenditure. Distinct from a fee (charged for a specific service) and from a special contribution (charged for benefit derived from public works). In Honduras the main ones are ISR (income tax), ISV (sales tax), and customs duties.
Impuesto directo#
Direct tax
Tax levied on immediate manifestations of the taxpayer's economic capacity — income or wealth — whose burden is not easily passed on to a third party. In Honduras the typical example is the Income Tax (ISR), which falls on the income of natural and legal persons.
Impuesto indirecto#
Indirect tax
Tax levied on mediated manifestations of economic capacity — consumption or the circulation of goods and services — whose burden the legal taxpayer generally passes on to the final consumer. In Honduras the typical example is the Sales Tax (ISV), paid by the buyer and remitted to the treasury by the seller.
Imputabilidad#
Criminal capacity
Capacity of the offender to understand the unlawfulness of their conduct and act in accordance with that understanding. Prerequisite of culpability.
Imputado#
Suspect (imputado)
Person to whom participation in a crime is attributed during the investigative stage, before formal accusation is filed.
In dubio pro reo#
Principle that, in case of reasonable doubt as to the facts or guilt, the judge must rule in favor of the accused.
In personam#
In personam (against the person)
"Against the person": classification of an action or right exercised against a specific person, binding only on them. Personal actions (collection of a debt, performance of a contract) are in personam, as opposed to real actions or in rem.
In rem#
In rem (against the thing)
"Against the thing": classification of an action or right that bears on an asset and is opposable erga omnes, against any person interposing between the holder and the thing. Real actions (recovery of real estate, foreclosure of a mortgage) are in rem.
INA#
National Agrarian Institute. Institution responsible for implementing agrarian reform, titling rural lands, and addressing land-tenure disputes in the peasant sector.
Incapacidad laboral#
Work disability
Temporary or permanent inability of a worker to perform their duties due to illness, accident, or maternity, duly certified by the social-security institution. During temporary disability the contract is suspended and the worker receives a subsidy instead of wages; permanent disability may lead to a pension.
Incidente#
Interlocutory motion
Accessory issue arising within the main case that requires a separate judicial decision before continuing (nullity, recusal, joinder, witness challenges, among others). Processed in a separate record so as not to delay the main case.
Inconstitucionalidad#
Unconstitutionality action
Action filed with the Supreme Court of Justice to have a legal rule declared incompatible with the Constitution and stripped of effect.
Indemnización#
Compensation (damages)
Sum of money or other performance paid to repair the material or moral harm caused to another person.
Indulto#
Pardon
Act of the President of the Republic by which the penalty imposed on a person convicted by final judgment is wholly or partially forgiven. It does not erase the conviction or the criminal record: it only extinguishes or reduces the unserved penalty. An exceptional power subject to constitutional limits and reasonableness review.
Infracción tributaria#
Tax infringement
Violation of tax rules — failure to file, late filing, inaccurate filing, failure to keep books, failure to issue invoices, among others — sanctioned with administrative fines. If the conduct is more serious and committed with intent, it may constitute the crime of tax fraud and give rise to criminal liability.
Inhabilitación#
Disqualification (penalty)
Ancillary penalty depriving the convict of the exercise of specified rights, offices, or professions for the period set in the judgment.
Iniciativa de ley#
Legislative initiative
Power to introduce bills before the National Congress. In Honduras it belongs to members of Congress, to the President of the Republic through the Secretaries of State, to the Supreme Court in matters within its competence, to the Supreme Electoral Tribunal in electoral matters, and to citizens through popular initiative.
Inimputabilidad#
Lack of criminal capacity
Condition of a person who, by reason of age, mental illness, or another cause set by law, does not understand the unlawfulness of the act or cannot act accordingly.
Injuria#
Insult / Verbal injury
Crime of offending another person's dignity or honor through words, gestures, or acts. Distinct from calumny, which falsely accuses someone of a specific crime; insult covers any form of disparagement. The criminal action is usually private.
Inmunidad diplomática#
Diplomatic immunity
Set of privileges and immunities that international law grants to diplomatic agents accredited before a foreign State, to ensure the effective performance of their functions. They include personal and mission inviolability, exemption from local civil and criminal jurisdiction, and tax and customs exemptions, under the Vienna Convention on Diplomatic Relations.
Inmunidad parlamentaria#
Parliamentary immunity
Constitutional prerogative protecting members of Congress from judicial proceedings for opinions expressed in the exercise of their office and, in certain cases, from arrest without prior authorization of Congress. Its purpose is to preserve the independence of the Legislative branch, not to exempt the officer from accountability.
Insolvencia#
Insolvency
Economic situation in which the debtor cannot meet their due obligations with their available assets. May lead to insolvency proceedings (creditor concurrence, bankruptcy) aimed at organizing collective payment and, ultimately, liquidating the debtor's estate.
Inspección del Trabajo#
Labor inspectorate
Department of the Labor Ministry charged with monitoring compliance with labor norms through inspections at workplaces.
Inspección judicial#
Judicial inspection
Means of proof consisting of the judge’s direct examination of persons, places, or things relevant to the proceedings.
Instigador#
Instigator / Inducer
Person who intentionally causes another to commit a crime through persuasion, promise, pressure, or any other suitable means. The instigator does not execute the act but is liable as an author of the instigated crime, with the same penalty as the actual perpetrator.
Instituto de la Propiedad (IP)#
Property Institute (IP)
Institution administering the unified registration system for real, movable, commercial, and intellectual property in the country.
Instrumento privado#
Private instrument
Document drafted and signed by the parties without intervention of a public official with notarial faith. It proves between those who execute it, but its date and authenticity may be challenged before third parties until acknowledged in court, notarially authenticated, or protocolized. Routine commercial contracts, receipts, and letters are typically private instruments.
Instrumento público#
Public instrument
Document authorized by a competent public official in the exercise of their duties, with the required legal formalities (public deed, court record, registry certificate). Full proof of the underlying fact, the date, and the parties' declarations.
Inter alia#
Latin for “among others”. Used to introduce non-exhaustive examples.
Interés público#
Public interest
Set of needs, values, and aspirations whose satisfaction concerns the community and whose protection is the State's responsibility. Both the foundation and the limit of administrative action: it justifies the administration's privileges (autotutela, executory power) but also restricts its discretion and imposes duties of objectivity and service.
Interlocutoria#
Interlocutory ruling
Judicial ruling that decides an accessory or procedural question without ending the main case. Distinct from a final judgment, which decides the merits.
Inversión extranjera#
Foreign investment
Contribution of capital, goods, or technology made by persons or entities not domiciled in the country, allocated to productive or commercial activities in national territory. In Honduras the Ley de Inversiones grants foreign investors equal treatment with nationals and guarantees free remittance of profits and capital.
Ipso facto#
Latin for “by the fact itself”. Marks a consequence that arises automatically, without an express declaration.
ISR#
Income tax (ISR)
Direct tax levied on the income or earnings obtained by natural and legal persons in Honduras.
ISV#
Sales tax (ISV)
Indirect tax levied on the sale of goods and the provision of services within national territory.
Iter criminis#
Iter criminis (path of the crime)
Progression of a crime from internal conception to completion, passing through preparation, executory acts, attempt, and consummation. Only executory acts onward are criminally relevant; mere ideation is not punished.
Ius cogens#
Ius cogens (peremptory norm)
Peremptory norm of general international law, accepted and recognized by the international community of States as a whole, admitting no agreement to the contrary and only modifiable by a subsequent norm of the same character. Includes prohibitions such as those of genocide, slavery, torture, and aggression.
Ius sanguinis#
Ius sanguinis (right of blood)
Principle by which a person acquires the nationality of their parents by descent, regardless of place of birth. Honduras applies it in a manner complementary to ius soli: children of a Honduran father or mother born abroad are also Hondurans by birth.
Ius soli#
Ius soli (right of soil)
Principle by which a person acquires the nationality of the State in whose territory they are born, regardless of their parents' nationality. Honduras applies ius soli in its Constitution: those born in national territory are Hondurans by birth, except children of foreign diplomatic agents.
Jerarquía normativa#
Normative hierarchy
Ordering of legal norms by rank: Constitution at the top, followed by international treaties (particularly human-rights treaties), ordinary laws, regulations, municipal ordinances, and other lower-ranking provisions. A lower norm cannot contradict a higher one; if it does, it is invalid.
Jornada laboral#
Working hours
Time during which the worker is at the employer’s disposal. The ordinary daytime workday may not exceed eight hours per day or 44 per week.
Jubilación#
Retirement
Worker's right to withdraw from active working life upon reaching a certain age and minimum number of contributions, receiving a lifetime pension in return. In Honduras it is administered by IHSS for the private sector and by INJUPEMP for the public sector, with special schemes for certain categories. Ordinary retirement age depends on the applicable scheme.
Juez#
Judge
Official of the Judiciary vested with the power to adjudicate and enforce judgments. Decides cases within their jurisdiction in accordance with the law.
Juez natural#
Natural judge
Principle that no one may be tried except by the judge competent before the facts occurred, in accordance with legally established procedures. Prohibits exceptional tribunals created ad hoc to try specific persons or facts; a fundamental due-process guarantee.
Juicio#
Trial / Lawsuit
Judicial proceeding before a court to resolve a dispute between parties or establish a person's criminal liability, by applying the law to specific facts. It concludes with a judgment.
Juicio abreviado#
Abbreviated proceeding
Special criminal procedure in which the defendant, assisted by counsel, accepts the charged facts in exchange for a reduction in the sentence requested by the prosecution. It shortens the case by avoiding a full oral trial.
Juicio oral#
Oral trial
Form of proceedings in which claims, evidence, and arguments are presented orally before the judge or court in a public hearing, with immediacy and concentration. In Honduras it has been the predominant model in criminal matters since the Code of Criminal Procedure entered into force.
Junta de accionistas#
Shareholders' meeting
Supreme body of a corporation, composed of all shareholders with voting rights, responsible for approving financial statements, appointing and removing officers, deciding on profit distribution, amendment of bylaws, merger, or dissolution. Its decisions are binding even on dissenting or absent shareholders.
Juramento#
Oath
Solemn commitment to tell the truth or to faithfully perform a duty, made before a competent authority. Its falsehood or breach may give rise to criminal liability for perjury or false testimony depending on the context.
Jurisdicción universal#
Universal jurisdiction
Principle of international law empowering the courts of any State to try certain extremely grave crimes (genocide, war crimes, crimes against humanity, torture, piracy) regardless of where they were committed or the nationality of the perpetrator or victim. Its rationale is the protection of legal interests common to all humanity.
Jurisprudencia#
Jurisprudence (case law)
Settled criteria of higher courts when deciding analogous cases. In Honduras it has persuasive value, and on cassation may constitute legal doctrine.
Juzgado#
Trial court (juzgado)
Single-judge court of first instance charged with handling and deciding the cases the law assigns to it.
La Gaceta#
La Gaceta (Official Gazette)
Official journal of the Republic of Honduras. The medium in which laws, decrees, orders, and other acts are published for their entry into force and public notice.
Lavado de activos#
Money laundering
Crime of giving lawful appearance to assets or money derived from unlawful activities, through financial or commercial transactions.
Legado#
Bequest / Legacy
Testamentary disposition by which the testator leaves a specific asset or defined sum to a particular person. Distinct from inheritance, which covers the entirety of the decedent's estate. The recipient is called the legatee.
Legalización#
Legalization
Procedure by which a competent authority certifies the authenticity of the signature and the capacity in which the signing official acted, so that a document may produce effects abroad. When the countries involved are party to the Hague Convention, legalization is replaced by the apostille, a simplified one-step procedure.
Legatario#
Legatee
Person designated in a will to receive a bequest (a specific asset or set sum). Unlike an heir, the legatee does not succeed to the entirety of the estate and, as a rule, is not liable for the estate's debts beyond what they received.
Legítima defensa#
Self-defense
Justification exempting from criminal liability a person who repels an unlawful, present or imminent attack, using a rationally necessary means.
Legitimación#
Standing
Capacity recognized by law for a person to act in a proceeding, either as plaintiff (active standing) or defendant (passive standing). Without standing the court cannot reach the merits of the matter.
Lesiones#
Bodily injury
Crime committed by a person who causes another bodily or mental harm. The offense is graded by the severity of the result.
Letra de cambio#
Bill of exchange
Negotiable instrument by which a drawer orders a drawee to pay a fixed sum to a beneficiary on a specified date.
Ley#
Law (statute)
General, abstract, and binding legal rule, enacted by the National Congress under the procedure set in the Constitution, and published in La Gaceta.
Ley ordinaria#
Ordinary law
Legal norm enacted by the National Congress by simple majority, following the common legislative procedure, governing matters not reserved to organic law or the Constitution. The most extensive category in the legal order, comprising sectoral codes and special laws.
Ley orgánica#
Organic law
Special category of law governing the organization and functioning of the branches of State, constitutional institutions, and fundamental rights. Its passage or amendment requires a heightened quorum in the National Congress (in Honduras, two-thirds of the votes) and prevails over ordinary law in matters reserved to it.
Libertad condicional#
Conditional release / Parole
Prison benefit that allows a convicted person to serve the rest of their sentence outside prison, under certain conditions (fixed residence, periodic reporting, no new crimes), after having served part of the sentence and shown good behavior.
Libertad de asociación#
Freedom of association
Right of every person to freely join with others for lawful purposes — political, religious, cultural, economic, union, sports, among others — without prior authorization. The State may restrict it only by law in strictly justified cases; no one may be forced to belong to an association.
Libertad de culto#
Freedom of worship
Fundamental right of every person to profess the religion of their choice and to manifest it in public or private, within respect for the law and public order.
Libertad de expresión#
Freedom of expression
Fundamental right to freely disseminate thought by any means, without prior censorship, subject to the subsequent liabilities set by law.
Libertad de prensa#
Freedom of the press
Specific aspect of freedom of expression protecting the publication and dissemination of information and opinion by the media.
Libertad de reunión#
Freedom of assembly
Right of persons to gather peacefully and unarmed, in public or private places, to deliberate on matters of common interest. Its exercise in public spaces may be subject to prior notification to the authority and reasonable order measures, but does not require authorization and cannot be prohibited without serious cause.
Libertad de tránsito#
Freedom of movement
Right of every person to enter, remain in, move within, and leave the national territory, and to freely establish residence, with no limitations other than those set by law for reasons of public health, security, or judicial orders. Also includes the right not to be subject to travel bans or exit prohibitions without legal cause.
Libertad personal#
Personal liberty
Right not to be detained, held, or imprisoned without legal cause and the forms established by law. No one may be deprived of their liberty except by judicial order or in cases of flagrancy, and must be informed of the reasons, given counsel, and brought before a judge within no more than twenty-four hours.
Libertad provisional#
Provisional release
Status in which the defendant remains at liberty during criminal proceedings instead of in pre-trial detention, usually under substitute measures such as bail, house arrest, travel ban, or periodic court check-ins.
Libros contables#
Books of account
Records the merchant must keep to document their operations: journal (chronological entries), ledger (individual accounts), and inventories and balance sheets. In Honduras they must be kept in accordance with generally accepted accounting principles and preserved for at least five years for tax and commercial purposes.
Licencia administrativa#
Administrative license
Administrative act enabling a person to engage in an activity subject to prior State control (construction, driving, alcohol sales, professional practice). Differs from a permit in that it verifies the applicant meets pre-established legal requirements and produces more stable effects.
Licencia de maternidad#
Maternity leave
Paid leave to which a pregnant worker is entitled before and after childbirth. In Honduras it is ten weeks (four before and six after), during which the worker receives an IHSS subsidy. During pregnancy and the three months following childbirth the worker enjoys job-security immunity: she cannot be dismissed without judicial authorization.
Licencia de paternidad#
Paternity leave
Leave to which a worker is entitled on the occasion of the birth of a child. In Honduras the duration provided in ordinary labor law is short, and its detailed regulation has been expanding via sectoral regulations and individual employer policies.
Licitación pública#
Public tender
Competitive, open administrative procedure by which the State selects the contractor offering the best terms for a public contract.
Liquidación#
Final settlement
Calculation and final payment of all labor benefits owed to the worker upon termination of the employment relationship: severance, notice indemnification (where applicable), prorated vacation, prorated aguinaldo and décimocuarto, and other accrued rights. Must be delivered in a single act and properly documented.
Liquidación de sociedad#
Corporate liquidation
Stage following the dissolution of a company, during which its assets are realized, liabilities paid, and the remainder distributed among partners according to their contributions and the bylaws. The company retains legal personality only for liquidation purposes, until cancellation in the mercantile registry.
Litispendencia#
Lis pendens
Procedural defense raised when another case is pending between the same parties, on the same subject matter, and for the same cause.
Lucro cesante#
Lost profits
Gain the victim failed to obtain as a result of the harmful event, calculated based on what they would reasonably have earned had the harm not occurred: wages not received during incapacity, business profits not realized, fruits not obtained. Together with actual damages it makes up compensable economic harm.
Magistrado#
Magistrate (appellate judge)
Judge sitting on a collegiate court, such as the Supreme Court of Justice or the courts of appeal.
Malversación#
Misappropriation of public funds
Crime committed by a public official who diverts public funds or assets in their custody to a use different from the one legally provided, for their own benefit or another's. One of the core forms of crimes against the public administration.
Mandamiento de captura#
Arrest warrant
Written order issued by a competent judge directing the police to apprehend a person and bring them before the court. It must identify the subject, state the cause, and cite the legal grounds supporting it.
Mandato#
Mandate (agency)
Contract by which one person —the agent— undertakes to perform one or more legal acts on behalf of another —the principal—.
Maras#
Maras (transnational gangs)
Organized criminal structures of Central American origin (the best-known being MS-13 and Barrio 18) engaged in crimes such as extortion, contract killing, drug trafficking, and kidnapping, with significant presence in Honduras. The Ley contra las Maras y Pandillas criminalizes membership in these structures as a standalone offense, in addition to penalties for the specific crimes committed.
Marca#
Trademark
Distinctive, registrable sign used to identify in the market the goods or services of a holder vis-à-vis those of competitors.
Matrimonio#
Marriage
Solemn union between two persons for the purpose of forming a shared life, governed by the Constitution, the Family Code, and other laws.
Mayoría de edad#
Age of majority
Age set by law —in Honduras, 18 years— at which a person acquires full capacity to act.
Mediación#
Mediation
Alternative dispute-resolution method in which an impartial third party facilitates dialogue between the parties so they reach their own agreement.
Medida de seguridad#
Security measure
Non-punitive criminal sanction applied to persons who have committed a statutorily defined act but are non-imputable (for example, due to severe mental disorder) or pose a danger to society. Its purpose is prevention and treatment, not punishment, and it includes commitment to an appropriate facility, outpatient treatment, or activity restrictions.
Medio ambiente#
Environment
Set of natural and artificial elements surrounding people and conditioning their existence: water, air, soil, flora, fauna, ecosystems, and associated cultural heritage. The Constitution recognizes every person's right to a healthy environment and the State's obligation to protect it, along with correlative duties of private parties.
Menor de edad#
Minor
Person who has not reached eighteen years of age. The law protects their capacity through legal representation (parents or guardian) and limits the legal acts they may perform on their own. They also enjoy the special rights set out in the Children and Adolescents Code.
Mens rea#
Mens rea (guilty mind)
Common-law expression for the subjective element of a crime: the culpable intent or mental state of the perpetrator when committing the conduct (intent or negligence). In Honduran law it corresponds to culpability and, in particular, to the categories of dolo (intentional) and culpa (negligent).
Mercadería#
Merchandise / Commercial goods
Movable goods intended for commerce: for sale, exchange, exhibition, or any other operation customary to the merchant. Their legal regime differs from that of goods intended for personal use, especially regarding transfer, proof of ownership, and liability for defects.
Ministerio Público#
Public Prosecutor’s Office
Autonomous institution charged with bringing public criminal actions, defending the general interests of society, and representing the victim in criminal proceedings.
Minuta#
Notarial draft (minuta)
Preparatory document in which the terms of an act or contract are drafted before being executed before a notary as a public deed. It allows the parties to review the content and, once approved, to be transcribed into the notary's protocol for definitive signing. By itself it has no value as a public instrument.
Mora#
Default (mora)
Culpable delay in performing an obligation after the term has expired and, where required, the debtor has been notified. Triggers the duty to pay default interest.
Multa#
Fine
Pecuniary penalty consisting of the duty to pay the State a sum of money for committing a crime or an administrative infraction.
Municipalidad#
Municipal government
Governing body of the municipality, made up of the mayor, deputy mayor, and council members who form the Municipal Corporation. Exercises regulatory functions (ordinances), executive functions (public services, local works), and fiscal functions (collection of municipal taxes and licenses).
Municipio#
Municipality
Basic territorial and political entity of the State, formed by a population settled in a defined territory and endowed with autonomy to administer its own affairs. Honduras has 298 municipalities distributed across the country's 18 departments.
Mutatis mutandis#
Latin for “with the necessary changes”. Used to apply a rule or argument to a similar case with the required adjustments.
Mutuo#
Loan for consumption (mutuum)
Contract by which one party delivers to another money or a fungible thing to be used, with the duty to return the same amount of the same kind and quality.
Nacionalidad#
Nationality
Legal-political bond between a person and the State, giving rise to reciprocal rights and obligations. May be Honduran by birth or by naturalization.
Narcotráfico#
Drug trafficking
Illicit commercialization of drugs and narcotic substances prohibited by law, in its various phases: production, transport, distribution, sale. In Honduras it is a serious crime sanctioned with high custodial penalties, asset forfeiture, and, under bilateral treaties with the United States, subject to extradition of nationals.
Naturalización#
Naturalization
Act by which the State grants Honduran nationality to a foreigner who meets the requirements set by the Constitution and the law.
Niñez#
Childhood
Stage of life from birth to age twelve. Persons at this stage are full subjects of rights and receive integrated protection by the State.
Nombramiento#
Appointment
Administrative act by which the competent authority designates a person to occupy a specific public office, taking full legal effect from its notification and, where applicable, from the taking of office. Documents the service relationship between the official and the administration.
Nombre comercial#
Trade name
Sign that identifies a merchant or an establishment in the conduct of their economic activity, distinguishing them from others. Protected through effective use and, in Honduras, also by registration with the Instituto de la Propiedad. Distinct from a trademark, which distinguishes goods or services.
Norma jurídica#
Legal norm
General and binding rule, issued by the competent authority following the established procedure, that orders, prohibits, or permits a conduct and to which a legal consequence corresponds in case of breach. The basic unit of the legal order.
Notario#
Notary
Legal professional vested by the State with the authority to attest publicly to the acts and contracts executed before them.
Notificación#
Service of process
Procedural act through which a judicial decision is communicated to the parties or third persons, in the forms set by law.
Notificación personal#
Personal service
Form of notification in which the content of a ruling is delivered directly to the recipient, with record of receipt. The most reliable form of judicial or administrative communication and usually required for decisions seriously affecting the interested party's situation (complaint, judgment, administrative sanction).
Novación#
Novation
Way of extinguishing an obligation by replacing it with a new one — by changing its object, its cause, or the parties bound. It requires a clear intent to novate: absent such intent, both obligations coexist rather than the old one being extinguished.
Nullum crimen sine lege#
Criminal-law principle that there is no crime without a prior law defining it, and no penalty without a prior law establishing it.
Obiter dictum#
Obiter dictum (said in passing)
Comment or observation appearing in a judgment but not essential to the case's decision: marginal reflections, examples, alternative arguments. In binding-precedent systems it does not bind later courts, though it may have persuasive value.
Obligación#
Obligation
Legal bond between two persons by which one —the debtor— must render a performance to give, do, or refrain from doing for the benefit of the other —the creditor—.
Obligación tributaria#
Tax obligation
Legal bond arising between the taxpayer and the State upon realization of the taxable event, by virtue of which the taxpayer must give (pay the tax), do (file returns, keep books), or tolerate (audits, inspections) what the law establishes. The principal obligation is payment; the others are accessory.
Obra pública#
Public works
Construction, expansion, improvement, maintenance, or demolition of an immovable asset carried out by the State, directly or under contract, with public funds and for collective use or service: roads, bridges, hospitals, schools, public buildings. Its contracting is governed by the Ley de Contratación del Estado.
Ocupación de bienes#
Occupation (of unowned property)
Original mode of acquiring property over ownerless things (res nullius) or abandoned things, through material taking with intent to make them one's own. It includes hunting, fishing, the finding of treasure (with special rules), and appropriation of wild animals. It does not apply to immovables, which in Honduras lack the res nullius category.
Omisión#
Omission
Form of committing a crime through inaction by someone with a legal duty to act in order to prevent the outcome. Divided into pure omission (the offense itself punishes the failure to act) and improper omission or commission-by-omission (the failure to act is equivalent to a prohibited act because of the actor's duty-of-care position).
Opinio juris#
Opinio juris (belief in legal obligation)
The belief of States that a given practice is legally required, not a mere act of courtesy or convenience. One of the two constituent elements of international custom, together with consistent practice.
Opinión consultiva#
Advisory opinion
Pronouncement issued by an international tribunal — such as the Inter-American Court or the International Court of Justice — on the interpretation of an international instrument or legal situation, at the request of authorized bodies. It does not decide a contentious case and is not formally binding, but carries great weight as an interpretive source.
Orden público#
Public order
State of peace, safety, and respect for legality and good morals that the administration has a duty to maintain through the exercise of its police power. Classic elements are public safety, public tranquility, and public health; modernly also human dignity and the environment.
Ordenanza municipal#
Municipal ordinance
Legal rule issued by a municipal corporation under its autonomy, of binding application within the municipal boundary.
Pacta sunt servanda#
Principle that validly concluded agreements must be performed in good faith by the parties who signed them.
Pagaré#
Promissory note
Negotiable instrument by which one person promises to pay another a fixed sum at a specified time, without condition.
Paraíso fiscal#
Tax haven
Jurisdiction that offers foreign persons and companies very low or zero tax burden, along with high levels of banking or corporate secrecy. Honduras maintains an official list of tax havens for purposes of transfer-pricing rules and the deductibility of payments to entities domiciled there.
Parricidio#
Parricide
Aggravated form of homicide where the victim is an ascendant, descendant, spouse, or partner of the perpetrator, under the Criminal Code.
Parte procesal#
Party to a proceeding
Person, natural or legal, who participates in a case defending their own interest against another's: plaintiff and defendant in civil cases; prosecutor and defendant in criminal cases. Parties hold specific procedural rights and burdens.
Partidos políticos#
Political parties
Associations of persons with a common political program, formed to participate in electoral processes and, eventually, to exercise public power. In Honduras they are public-law institutions governed by the Electoral Law and supervised by the Electoral Justice Tribunal and the National Electoral Council; they receive state funding in proportion to their vote share.
Patente#
Patent
Title the State grants to an inventor for the exclusive exploitation of an invention for a set period, in exchange for disclosing its content.
Patente municipal#
Municipal business license
Authorization granted by municipal governments allowing a natural or legal person to conduct a commercial, industrial, or service activity within their jurisdiction. Renewable annually, with the fee calculated based on the taxpayer's assets or income. Failure to hold one may result in fines and closure of the establishment.
Patria potestad#
Parental authority
Set of rights and duties the law attributes to parents over minor, unemancipated children, in the children’s interest.
Patrimonio#
Patrimony
Set of a person’s assets, rights, and obligations capable of economic valuation, constituting a legal universality.
Patrono#
Employer
Person, natural or legal, who hires the services of a worker in exchange for a wage and under their subordination or dependence. In the Honduran Labor Code it is the prevailing term, equivalent to "empleador" in other jurisdictions.
Peculado#
Peculation (embezzlement of public funds)
Crime committed by a public official who takes, or allows others to take, public funds or effects entrusted to their administration.
Pena#
Penalty
Sanction set by law for a person who commits a crime or petty offense, imposed by final judgment of a competent court.
Pena de muerte#
Death penalty
Punishment consisting of depriving a person of life as sanction for a serious crime. The Honduran Constitution expressly prohibits it, consistent with the American Convention on Human Rights and other international instruments signed by the State. Reintroducing it would require constitutional reform facing material limits under the inter-American system.
Pensión#
Pension
Periodic economic benefit paid to a person upon retirement, disability, old age, or death of the contributor, under the applicable social-security scheme. In Honduras pensions are paid by IHSS for private-sector workers and by INJUPEMP for public servants, among other special schemes.
Pensión alimenticia#
Child / Spousal support payment
Sum that the support obligor must pay periodically — usually monthly — to the recipient or their representative. The amount is set by agreement or judicial decision and may be revised when the parties' economic circumstances change.
Per se#
Latin for “by itself”. Indicates that something is so regarded on its own, without need of additional circumstances.
Perdón judicial#
Judicial pardon
Benefit that the judge may grant, in the cases exhaustively provided by law, releasing the convicted person from serving the penalty or part of it due to special circumstances (lower seriousness of the act, voluntary reparation of harm, lack of prior record, subsequent conduct). It does not erase the conviction or the criminal record.
Periculum in mora#
Periculum in mora (danger in delay)
"Danger in delay": requirement for granting a precautionary measure, consisting of showing that waiting for the outcome of the case would cause irreparable or hardly reparable harm to the applicant. Together with fumus boni iuris it forms the two classical prerequisites of precautionary measures.
Período de prueba#
Probationary period
Initial period of the employment contract during which either party may terminate it without cause or financial liability, beyond payment for the days worked. In Honduras it may not exceed sixty days and must be expressly agreed; absent such agreement, the worker is deemed to have been definitively hired from the start.
Período fiscal#
Fiscal period
Period to which the filing and payment of a tax refers. In Honduras the income-tax fiscal period for individuals and most legal entities runs from January 1 to December 31, with filing deadlines usually in April of the following year. Special periods authorized by SAR exist for certain taxpayers.
Peritaje#
Expert opinion
Means of proof consisting of the report of an expert in a science, art, or trade to assist the judge on technical matters.
Permiso#
Permit
Administrative act by which an authority allows a private party to carry out an activity or use public property that would otherwise be prohibited or restricted. Revocable on public-interest grounds, and usually subject to conditions, a term, and payment of a fee.
Persona jurídica#
Legal person
Collective entity —such as a company, association, or foundation— to which the law recognizes capacity to hold rights and obligations distinct from those of its members.
Persona natural#
Natural person
Every human being, considered a subject of law from birth until death.
Personalidad jurídica#
Legal personality
Attribute the law recognizes in entities other than natural persons (corporations, associations, foundations, cooperatives, unions) enabling them to hold rights and obligations, sue and be sued, and have their own patrimony. Acquired by registration in the relevant registry depending on the type of entity.
Planilla#
Payroll
Periodic record — usually biweekly or monthly — in which the employer details the names of workers, days worked, wages earned, deductions applied, and net amount paid. A key document for oversight of labor, tax, and social-security compliance.
Plazo#
Deadline / Time limit
Period set by law or by the judge for performing a procedural act. May be peremptory (no extension allowed; the right to act lapses on expiration) or non-peremptory (extension allowed with justification). Counted in business days unless otherwise specified.
Plebiscito#
Plebiscite
Direct consultation of the people, called by the competent authority, to approve or reject a political decision of special importance (change of regime, international policy, substantial reform of institutions). In Honduras it is constitutionally provided for and regulated in the Ley de Mecanismos de Participación Ciudadana.
Poder Ejecutivo#
Executive Branch
Branch of public power tasked with executing the laws and directing the general administration of the State. Headed by the President of the Republic.
Poder especial#
Special power of attorney
Legal act by which one person authorizes another to act on their behalf in a specifically determined act or matter: sell a particular property, marry by proxy, collect a specific sum, attend a particular hearing. Its effects are exhausted upon completion of the assignment.
Poder general#
General power of attorney
Legal act by which one person (grantor) authorizes another (attorney-in-fact) to act on their behalf and representation in a multiplicity of matters or legal acts, within the established limits. Must be granted by public deed for certain effects (administration of real estate, court representation) and registered in the relevant registry when the law so requires.
Poder Judicial#
Judiciary
Branch of public power that administers justice in the name of the State through the courts. Headed by the Supreme Court of Justice.
Poder Legislativo#
Legislative Branch
Branch of public power tasked with drafting, amending, and repealing laws. In Honduras it is exercised by the National Congress.
Policía Nacional#
National Police
Civilian, professional, and permanent institution responsible for maintaining public order, preventing crime, protecting persons' rights, and assisting in criminal investigation under the direction of the Public Prosecutor's Office. Reports to the Secretaría de Seguridad and is governed by the Ley Orgánica de la Policía Nacional.
Posesión#
Possession
Material holding of a thing or exercise of a right with the intent of an owner. Protected by possessory actions even absent ownership.
Potestad discrecional#
Discretionary power
Margin of appreciation the law grants the administration to choose among several equally valid solutions within legal limits, based on criteria of timeliness, convenience, and better service to the public interest. Not arbitrary will: it must be reasoned and remains subject to judicial review for reasonableness and proportionality.
Potestad reglada#
Bound (non-discretionary) power
Administrative power whose content and manner of exercise are fully determined by law, so that the body has no margin of choice: it must rule as the rule prescribes once the factual conditions are verified. The opposite of discretionary power.
Preaviso#
Notice (employment)
Advance notice that the party terminating an employment contract without cause must give to the other, within the period set by law according to years of service.
Prenda#
Pledge
Real security right over a movable thing of the debtor, delivered to the creditor or a third party to secure performance of an obligation.
Prescripción#
Prescription / Limitation
Mode of acquiring rights or extinguishing obligations through the lapse of time and other legal requirements. Distinguished from lapse (caducidad) because it admits interruption.
Prescripción tributaria#
Tax prescription
Extinction of the treasury's right to assess or collect a tax, or of the taxpayer's right to claim a refund, by the lapse of the legal period without exercise. In Honduras the Tax Code sets general limitation periods of several years depending on the case, counted from the date the obligation became enforceable.
Presidente de la República#
President of the Republic
Head of State and Head of Government of Honduras, holder of the Executive branch, elected by universal direct suffrage for a four-year term. Powers include directing general state policy, signing and publishing laws, conducting international relations, serving as commander-in-chief of the Armed Forces, and appointing the Secretaries of State.
Prestaciones laborales#
Labor benefits
Set of economic rights the law grants the worker against the employer, payable upon termination of the employment relationship for reasons not attributable to the worker. They include severance (cesantía), prorated vacation, prorated aguinaldo and décimocuarto, among others. Colloquially referred to as the "liquidación".
Presunción#
Presumption
Inference that the law or the judge draws, from a known fact, as to the existence of another, unknown fact. May or may not admit contrary proof.
Pretensión#
Claim / Relief sought
What a party specifically asks the court for in the proceeding: that the defendant be ordered to pay, that a contract be declared void, that a penalty be imposed, etc. It defines the subject of the case and limits what the judge may decide.
Prevaricato#
Prevarication (judicial misconduct)
Crime committed by a judge or official who knowingly issues a ruling contrary to law, or who acts with grave injustice in the exercise of their office.
Prima facie#
Latin for “at first sight”. Refers to what appears true or sufficient on first examination, absent contrary proof.
Principio de legalidad#
Principle of legality
Principle under which public powers may only do what the law expressly permits, while private persons may do anything the law does not prohibit. One of the pillars of the rule of law, projected in reinforced form in criminal and tax matters, where only the law may create offenses, penalties, or taxes.
Principio de no intervención#
Principle of non-intervention
Fundamental norm of international law that prohibits a State from interfering directly or indirectly in the internal or external affairs exclusively within another State's jurisdiction, whether by military action, economic pressure, or political interference. Enshrined in the UN Charter and the OAS Charter.
Prisión#
Imprisonment
Custodial penalty consisting of the confinement of the convict for the period set by the sentence, within the limits of the Criminal Code.
Prisión preventiva#
Pre-trial detention
Precautionary measure by which a judge orders the deprivation of the defendant's liberty during criminal proceedings, to secure their appearance, prevent obstruction of the investigation, or protect victims. It is exceptional and must be grounded on concrete procedural risk.
Proceso#
Legal proceedings
Set of coordinated acts conducted before a court to obtain a judgment resolving the dispute.
Procurador#
Procurator (legal representative)
Person who represents another in judicial proceedings by virtue of a power of attorney. In Honduras may be an attorney or an accredited procurator under law.
Procuraduría General de la República#
Attorney General’s Office (PGR)
Institution in charge of the legal representation of the State, the defense of its patrimonial interests, and legal advice to the public administration.
Propiedad#
Ownership
Real right granting its holder the powers to use, enjoy, and dispose of a thing, within the limits set by law.
Propiedad intelectual#
Intellectual property
Set of rights protecting the creations of the human intellect, including copyright and industrial-property rights.
Protección al consumidor#
Consumer protection
Set of rules and mechanisms designed to defend the rights of persons against abusive or deceptive practices by suppliers of goods and services. In Honduras it is governed by the Ley de Protección al Consumidor and enforced by the Dirección General de Protección al Consumidor, with powers of inspection, mediation, and sanction.
Protocolización#
Protocolization (notarial filing)
Notarial act by which a private document, a judicial decision, a foreign instrument, or another writing is incorporated into the notary's protocol through a minute, giving it a certain date and safe preservation. Protocolization does not convert a private document into a public one, but it gives it authenticity of date and existence against third parties.
Protocolo notarial#
Notarial protocol
Ordered and bound collection of all the public deeds and minutes that a notary authorizes during the year, containing the original signed instruments. The notary keeps it in custody and later deposits it in the Notarial Archive. It is the source from which the certified copies (testimonios) that circulate in legal commerce are issued.
Providencia#
Procedural order
Judicial decision of mere procedure, without decisive content on the merits or on relevant incidents of the case.
Prueba#
Evidence
Procedural activity, and its result, by which the truth or falsity of the facts alleged by the parties is established before the judge.
Querella#
Private criminal complaint (querella)
Procedural act by which the victim of a private-prosecution offense, or whoever is authorized by law, brings the facts before the judge and exercises the criminal action.
Querellante#
Complainant (querellante)
Person who acts as accusing party in criminal proceedings through a querella, whether as victim or as private accuser alongside the Public Prosecutor.
Quiebra#
Bankruptcy (merchant)
Legal situation of a merchant who ceases ordinary payment of obligations, declared by the court and opening an insolvency procedure.
Ratio decidendi#
Ratio decidendi (reason for deciding)
Legal reason determinative of a judgment: the essential ground that led the court to decide in a certain way, and which in binding-precedent systems constitutes the rule binding on courts in future cases. Distinct from obiter dictum, which are collateral considerations not necessary to decide.
Rebeldía#
Default (procedural)
Procedural status of a party who, having been duly summoned, fails to appear. Permits the proceedings to continue in their absence.
Reciprocidad#
Reciprocity
Principle of international law under which one State grants nationals or institutions of another a given treatment, rights, or benefits to the same extent that the other grants them to its own. A common basis for treaties on commerce, legal assistance, enforcement of judgments, and consular exemptions.
Reclusión#
Long-term imprisonment (reclusión)
Custodial penalty of greater severity and duration than ordinary prison, set for particularly grave crimes under criminal law.
Reconvención#
Counterclaim
Claim the defendant brings against the plaintiff in the same proceedings when answering the main complaint.
Recurso#
Appeal / Remedy
Means of challenge the law grants the parties to seek review of a judicial decision. May be ordinary —appeal— or extraordinary —cassation, revision—.
Recurso administrativo#
Administrative appeal
Means of challenge by which a private party petitions the administration itself to review an act they consider contrary to their interests or to the law. In Honduras the main ones are reconsideration (before the same body) and appeal (to the hierarchical superior).
Recurso de reposición#
Motion for reconsideration
Appellate remedy filed against orders and rulings — not against final judgments — asking the same judge who issued the ruling to reconsider it and modify or revoke it. Usually filed within a short deadline and resolved without a hearing.
Recusación#
Recusal
Procedural act by which a party requests the removal of a judge, magistrate, prosecutor, or expert from a matter on statutory grounds that compromise their impartiality (kinship, close friendship, hostility, direct interest, prior opinion, among others).
Referéndum#
Referendum
Direct consultation of the people to pronounce on the approval, modification, or repeal of a legal norm (law, decree, constitutional reform). Distinct from a plebiscite in that its object is a specific norm rather than a general political decision. Its result may be binding or consultative depending on the call.
Reforma constitucional#
Constitutional reform
Partial modification of the Constitution's text following the heightened procedure the Constitution itself sets out. In Honduras it requires approval by two-thirds of Congress in two consecutive legislative sessions. Certain articles — form of government, territory, presidential rotation in office — are considered entrenched and unamendable.
Refugiado#
Refugee
Person who, owing to well-founded fear of persecution on the grounds set in the 1951 Convention, is outside their country and unable or unwilling to avail themselves of its protection.
Registro Civil#
Civil registry
Public institution responsible for recording vital events: births, marriages, divorces, deaths, paternity acknowledgments, adoptions, and name changes. In Honduras it is administered by the National Registry of Persons (RNP).
Registro de la Propiedad#
Property Registry
Public office responsible for registering acts relating to real estate: sales, mortgages, donations, inheritances, attachments, easements, and other real rights. Registration provides public notice and priority against third parties; without it, the buyer cannot assert their right against someone who acquired and registered first. In Honduras it is administered by the Instituto de la Propiedad.
Registro Mercantil#
Mercantile Registry
Public office where acts relating to merchants and commercial companies are registered: incorporation, amendment, dissolution, appointment of officers, powers of attorney, securities, mergers, and demergers. Registration provides public notice and, in many cases, effectiveness against third parties.
Reglamento#
Regulation
Legal rule subordinate to the law, issued by the Executive Branch or another authority, to develop and facilitate the application of a statute.
Reincidencia#
Recidivism
Aggravating circumstance consisting of committing a new crime after a previous conviction, under the terms set by law.
Reinstalación#
Reinstatement
Restoration of the worker to their position when a judge declares the dismissal void for having been carried out in violation of a special protection (union immunity, maternity, among others). It also entails payment of the wages not received from the dismissal until effective reinstatement.
Rendición de cuentas#
Accountability
Obligation of every public official to report periodically on the use of resources entrusted to them and to answer for their decisions before oversight bodies and the citizenry. In Honduras external oversight is conducted by the Tribunal Superior de Cuentas, and citizen oversight is supported by the Ley de Transparencia y Acceso a la Información Pública.
Renuncia#
Resignation
Unilateral declaration by the worker ending the employment contract. It does not give rise to severance (cesantía) except in specific cases (resignation for just cause attributable to the employer, or, under some schemes, after certain seniority), but it does entitle the worker to prorated accrued benefits.
Reparación integral#
Integral reparation
Set of measures intended to remedy all harm caused by wrongful conduct: restitution (returning things to their prior state), indemnification (economic compensation), rehabilitation (medical, psychological, legal care), satisfaction (public acknowledgment, apologies), and guarantees of non-repetition. A consolidated standard in inter-American human-rights law.
República#
Republic
Form of State in which the headship of State is elective, time-limited, and accountable, as distinct from monarchy. Honduras is constitutionally a democratic, representative, and participatory republic, comprising the Legislative, Executive, and Judicial branches, all subject to the Constitution.
Res judicata#
Latin equivalent of “matter adjudicated”. Refers to a final judgment that cannot be reviewed or relitigated in another proceeding.
Rescisión#
Rescission
Action that voids a valid contract for causes arising after its execution — gross unfairness, fraud against creditors, serious breach — restoring matters to their prior state. Distinct from nullity, which attacks defects existing at the contract's formation.
Reserva de ley#
Statutory reservation
Constitutional principle reserving the regulation of certain matters — fundamental rights, crimes and penalties, taxes, expropriation — exclusively to laws enacted by Congress, excluding regulations or other lower-ranking norms. Its purpose is to ensure that the most important restrictions on liberty or property have democratic backing.
Resolución#
Ruling (resolución)
Decision of a public —judicial or administrative— authority disposing of a request or incident, which must be grounded in law.
Responsabilidad civil#
Civil liability
Obligation to repair harm caused to another, whether arising from breach of contract (contractual) or from wrongful conduct outside any contract (extra-contractual). Covers actual damages, lost profits, and, in certain cases, moral damages.
Responsabilidad extracontractual#
Tort liability / Extra-contractual liability
Obligation to compensate for harm caused to another outside any contractual relationship, by act or omission, with fault or intent. It governs traffic accidents, injuries inflicted by third parties, damage to others' property, and similar matters.
Responsabilidad objetiva#
Strict liability
Form of civil liability in which the harm must be compensated even without fault or intent on the part of the actor, by the sole fact of having generated a risk or having under their control the activity or thing that caused it. It applies in scenarios such as harm from dangerous things, workplace accidents, and producer liability vis-à-vis the consumer.
Responsabilidad penal de las personas jurídicas#
Corporate criminal liability
Form of criminal attribution by which a company, association, or other legal entity is criminally liable for offenses committed for its benefit by its officers, employees, or representatives, particularly where adequate internal controls were lacking. In Honduras it applies in specific scenarios such as money laundering, terrorism financing, and environmental crimes.
Responsabilidad solidaria#
Joint and several liability
Form of liability in which each of several obligors answers for the whole of the performance to the creditor, with no benefit of division available. The creditor may demand full performance from any of the debtors; whoever pays may then claim from the others their internal share. Common in obligations arising from jointly committed wrongful acts or contracts where it is so agreed.
Retención#
Tax withholding
Collection mechanism by which the payer of income (employer, client, financial institution) deducts a portion of the amount payable and remits it directly to the treasury on account of the tax owed by the recipient. Typical for income tax (ISR) on wages, professional fees, and dividends.
Revisión administrativa#
Administrative review (extraordinary)
Extraordinary procedure by which the administration examines and, where appropriate, sets aside a final act when grounds set out by law concur (determinative factual error, newly discovered evidence, falsity of the documents on which it was based). An exception to the general principle of immutability of final acts.
Riesgo profesional#
Occupational hazard
Harmful eventuality to which a worker is exposed on the occasion of or as a consequence of their work, including workplace accidents and occupational diseases. The employer is responsible for protecting the worker from these risks and, when they materialize, for covering the corresponding benefits through IHSS.
RNP#
National Registry of Persons. Institution charged with identifying citizens, issuing the National ID (DNI), and maintaining civil status records.
Robo#
Robbery
Crime consisting of taking another’s movable property for profit, through violence or intimidation on persons, or force on things.
RTN#
RTN (Tax ID)
National Tax Registry. Tax identification code assigned to taxpayers —natural and legal persons— for their dealings with the SAR.
Sala de lo Constitucional#
Constitutional Chamber
Specialized chamber of the Supreme Court of Justice that handles, on a concentrated basis, actions for amparo, habeas corpus, habeas data, unconstitutionality, and review of acts of the Supreme Electoral Tribunal. Its rulings on unconstitutionality have general and binding application.
Salario#
Wage
Remuneration the employer pays the worker in consideration for services rendered, in money or in kind as authorized by law.
Salario mínimo#
Minimum wage
Minimum legal remuneration the employer must pay the worker for an ordinary workday. Set periodically by the competent authority.
SAR#
SAR (Tax Administration)
Revenue Administration Service. Entity in charge of administering, collecting, and auditing the country’s internal taxes.
Secretarías de Estado#
Secretariats of State
Bodies of the Executive Branch, headed by a Secretary of State freely appointed and removed by the President, in charge of directing a specific sector of public administration (Health, Education, Finance, Security, Labor, among others). The Honduran equivalent of "ministries" in other jurisdictions.
Secreto comercial#
Trade secret
Undisclosed business information (formulas, processes, customer lists, strategies) that provides a competitive advantage to its holder and which the owner has kept confidential through reasonable measures. Disclosure or improper use by employees, partners, or third parties gives rise to civil and, in some cases, criminal action.
Secuestro#
Kidnapping
Crime consisting of depriving a person of liberty to demand a ransom, a condition, or any other purpose set in the Criminal Code.
Sentencia#
Judgment
Judicial decision concluding the proceedings at the relevant instance, ruling on the merits of the parties’ claims.
Separación de bienes#
Separation of property
Marital economic regime in which each spouse retains ownership and administration of assets they held at marriage and those acquired during it, with no community property formed. Established by marital agreement before or during the marriage.
Separación de poderes#
Separation of powers
Fundamental principle of the rule of law under which the functions of legislating, governing, and adjudicating must belong to distinct and independent bodies that check one another. In Honduras it is embodied in the Legislative (National Congress), Executive (President and Secretaries of State), and Judicial (Supreme Court and lower courts) branches.
Séptimo día#
Seventh day
Weekly day of paid rest to which every worker is entitled after six continuous days of work. If the worker works on that day due to service needs, it must be paid with a surcharge and a compensatory rest day granted in the same week.
Servicio Civil#
Civil service
Special legal regime applicable to permanent employees of the Executive Branch appointed under the Ley del Servicio Civil. Sets rules on merit-based entry, tenure, career progression, duties, rights, and disciplinary procedures. Its purpose is to depoliticize and professionalize public administration.
Servicio público#
Public service
Activity organized and directed by the State, directly or through concessionaires, to meet a collective need of general interest in a regular and continuous manner (drinking water, electricity, transport, health, education, telecommunications). Its provision is governed by special rules guaranteeing access, continuity, and equal treatment.
Servidumbre#
Easement (servitude)
Real right created over another’s immovable property —servient estate— in favor of another property —dominant estate—, such as a right of way or aqueduct.
Sicariato#
Contract killing
Homicide committed on commission, in exchange for payment or reward, generally by a professional perpetrator unconnected to the victim. In Honduras criminalized as an aggravated form of murder in the Penal Code, with substantially higher penalties than ordinary homicide due to its premeditated and mercenary nature.
Silencio administrativo#
Administrative silence
Effect the law attaches to the administration’s failure to respond within the legal period. May be positive —tacit grant— or negative —tacit denial—.
Simulación#
Simulation / Sham
Appearance of a legal act that is in fact not intended (absolute simulation) or that conceals a different real act (relative simulation). Often used to defraud third parties or evade the law; if proven in court, the simulated act is declared void or the real act is enforced instead.
Sindicato#
Trade union
Association of workers or employers formed to defend and promote their common interests in the labor sphere.
Sistema Interamericano de Derechos Humanos#
Inter-American Human Rights System
Set of bodies, instruments, and procedures in the Americas designed to protect human rights, made up principally of the Inter-American Commission and Court, the American Convention, and other complementary instruments. Honduras is a full party to the system and its decisions are binding sources within domestic law.
Soberanía#
Sovereignty
Attribute of the State by which it exercises supreme power over its territory and population, not subject to another external authority. Vested in the people.
Sociedad anónima#
Stock corporation
Commercial company whose capital is divided into shares and whose partners are liable for company debts only up to the amount of their contribution.
Sociedad colectiva#
General partnership
Commercial company in which the partners are personally, unlimitedly, and jointly liable for the company’s obligations.
Sociedad de responsabilidad limitada#
Limited liability company
Commercial company whose capital is divided into shares not represented by stock certificates, and whose partners are liable for company debts only up to the amount of their contribution.
Sociedad en comandita#
Limited partnership
Commercial company with two classes of partners: general partners, with unlimited liability, and limited partners, whose liability is capped at the amount contributed.
Stare decisis#
Stare decisis (to stand by decided matters)
Principle that courts must adhere to their prior precedents and those of higher courts when deciding analogous cases, for the sake of legal certainty and equal treatment. Central in common-law systems; in Honduras, a civil-law jurisdiction, case law has orienting and, in specific scenarios, binding value.
Status quo#
Status quo (current state)
"Current state": situation existing at a given moment. In procedural matters, maintaining the status quo means that things remain as they are while the controversy is resolved, a typical function of precautionary measures.
Stricto sensu#
Latin for “in the strict sense”. Used to specify that a concept should be taken in its most rigorous meaning.
Sub iudice#
Sub judice
Latin for “under judgment”. Refers to a matter pending judicial decision that, accordingly, should not be prejudged in public.
Subrogación#
Subrogation
Replacement of one person by another in a legal relationship with the same rights and obligations. The most common is subrogation by payment: someone who pays on behalf of the debtor takes the original creditor's place and may claim the amount from the debtor.
Sucesión#
Succession
Transmission to one or more persons of the assets, rights, and obligations comprising the estate, by reason of the holder’s death.
Sufragio#
Suffrage
Right of citizens to participate in the election of their representatives and in matters submitted to popular consultation. In Honduras it is universal (every citizen over 18), equal (one vote per person), direct (without intermediaries), and secret. Both a right and a duty.
Sui generis#
Latin for “of its own kind”. Refers to something unique in its kind that does not fit a preexisting category.
Sujeto pasivo#
Tax-liable party
Person obligated to comply with the tax obligation, whether as a taxpayer (when they realize the taxable event and bear the economic burden of the tax) or as a responsible party (when the law imposes payment on them even though they did not realize the taxable event, as with withholding agents).
Suspensión de garantías#
Suspension of guarantees
Temporary, exceptional restriction of the exercise of certain fundamental rights, declared under the Constitution in response to a grave disturbance of public order.
Suspensión de pagos#
Suspension of payments
Status prior to bankruptcy in which a merchant, without being definitively insolvent, cannot punctually pay their due debts and requests judicial authorization for an arrangement with creditors to reorder compliance. Its purpose is to preserve the business when it is still viable.
Suspensión del contrato#
Suspension of contract
Temporary interruption of the effects of the employment contract without ending the relationship, with seniority preserved but the main obligations (work and wages) suspended. It applies in cases such as illness-related disability, maternity leave, disciplinary suspension, or force majeure.
Tarjeta de crédito#
Credit card
Payment instrument issued by a financial institution that allows its holder to acquire goods and services or to draw cash up to a pre-authorized limit, against the obligation to pay the issuer the amounts used plus interest and fees. In Honduras it is subject to CNBS regulations and the Ley de Tarjetas de Crédito.
Tasa#
Fee (tasa)
Tax whose triggering event is the effective or potential provision of a public service individualized to the taxpayer, such as a registry fee.
Tentativa#
Attempt
Imperfect form of executing a crime where the offender begins the offense but fails to complete it due to circumstances beyond their will.
Terminación del contrato#
Termination of contract
Ending of the employment contract by any of the causes provided by law: expiration of the term, mutual agreement, worker's resignation, dismissal (justified or unjustified), retirement, death of the worker, force majeure, or definitive closure of the business. Each cause has different economic consequences.
Terrorismo#
Terrorism
Conduct consisting of carrying out acts of serious violence — against persons, property, or services — for the purpose of causing terror in the population, destabilizing public order, or forcing the authorities to act or refrain from acting. In Honduras criminalized in the Penal Code and in the Ley contra el Financiamiento del Terrorismo, with high penalties and special procedural rules.
Testamento#
Will (testament)
Unilateral, personal, and revocable legal act by which a person disposes of their assets to take effect after death, in compliance with statutory formalities.
Testigo#
Witness
Person who testifies before the judge about facts they perceived and which are relevant to the proceedings. Bound to appear and tell the truth.
Testimonio notarial#
Notarial certified copy (testimonio)
Notary-certified copy of a public deed or minute kept in their protocol, issued at the request of interested parties with legal value equivalent to the original. It is the document that circulates in legal commerce to evidence the executed act; the original matrix never leaves the protocol.
Tipicidad#
Typicity
Quality of conduct fitting exactly within the description criminal law makes of an offense (the tipo penal). Without typicity there is no crime, under the principle of legality: what the law does not expressly describe as a crime cannot be punished.
Tipo penal#
Criminal offense (definition)
Statutory description of prohibited conduct whose realization constitutes a crime. Comprises the objective and subjective elements required by the rule.
Título valor#
Negotiable instrument
Document embodying a patrimonial right whose transfer or exercise requires its presentation, such as a bill of exchange, promissory note, or check.
Trabajador#
Worker / Employee
Natural person who provides a personal service to another (the employer) under subordination and in exchange for remuneration. The existence of the employment relationship is determined by its substantive elements (subordination, personal service, wages), not by the label the parties give the contract.
Trabajador doméstico#
Domestic worker
Person who provides personal services caring for a household, its members, and its property, in exchange for remuneration. In Honduras their regime is partially governed by the Labor Code and by ILO Convention 189, ratified by the State, which extends to this sector the basic guarantees of wages, working hours, rest, and social security.
Tradición de bienes#
Delivery (tradition)
Derivative mode of acquiring ownership by material or symbolic delivery of a thing, made by the previous owner to the new acquirer, by virtue of a transferring title (sale, donation, exchange, corporate contribution). For real estate, delivery is perfected by registration in the Property Registry.
Traducción jurada#
Sworn translation
Translation of a document from one language to another performed by an officially authorized translator, who certifies with their signature and seal that the content faithfully reflects the original text. Required when a foreign-language document must produce legal effects in Honduras, or when a Honduran document must be submitted abroad.
Transacción#
Settlement (transacción)
Contract by which the parties, through reciprocal concessions, end a present dispute or avoid a future one.
Trata de personas#
Human trafficking
Crime consisting of recruiting, transporting, receiving, or harboring persons through coercion or deceit for purposes of sexual, labor, or other exploitation set by law.
Tratado internacional#
International treaty
Written agreement concluded among States or subjects of international law, governed by international law and binding once ratified.
Tribunal#
Court (tribunal)
Body of the Judiciary, single-judge or collegiate, with authority to adjudicate and enforce judgments in matters within its jurisdiction.
Tribunal Superior de Cuentas (TSC)#
TSC (Superior Court of Audits)
Constitutional body charged with the ex-post auditing of the funds, assets, and resources administered by the State and public-sector entities.
Tribunal Supremo Electoral (TSE)#
TSE (former Supreme Electoral Tribunal)
Until 2019, the body charged with organizing and certifying elections in Honduras. Replaced by the National Electoral Council (CNE) and the Electoral Justice Tribunal (TJE).
Tributo#
Tax (tributo)
Pecuniary contribution the State demands from private parties under its sovereign power to finance public expenditure. Includes income taxes, fees, and special contributions.
Tutela#
Guardianship
Protective institution by which a guardian provides care and legal representation for a minor without parental authority or for an incapacitated person.
Tutela judicial efectiva#
Effective judicial protection
Fundamental right to obtain from the courts a reasoned, timely, and effective response on the legal claims raised, including enforcement of what is decided. Includes access to justice, due process, reasoned decisions, and the right to appeal them.
Ubi jus ibi remedium#
Ubi jus ibi remedium (where there is a right, there is a remedy)
"Where there is a right, there is a remedy": principle that every right recognized by the legal system must be accompanied by a suitable procedural mechanism to make it effective. The basis of the guarantee of effective judicial protection and access to justice.
Ultra vires#
Latin term for acts performed by an authority or legal person outside the scope of its jurisdiction or legal powers.
Unión de hecho#
De facto union
Stable, exclusive cohabitation of two persons sharing a common life without being married, recognized by law with legal effects.
Usucapión#
Adverse possession / Acquisitive prescription
Mode of acquiring ownership or another real right through continuous possession of a thing for the period and under the conditions established by law. In Honduras it may be ordinary (with just title and good faith) or extraordinary (without those requirements but for a longer period), with the period differing for movables and immovables.
Usufructo#
Usufruct
Real right allowing the use and enjoyment of another’s thing with the duty to preserve its substance and return it when the right ends.
Vacaciones#
Annual leave
Yearly period of paid rest to which every worker is entitled after one continuous year of service. In Honduras the duration increases progressively with seniority: 10 days after the first year, 12 after the second, 15 after the third, and 20 after the fourth. Paid at the worker's ordinary wage.
Vía administrativa#
Administrative track
Set of procedures and remedies the administration makes available to citizens to resolve, within itself, the controversies arising from its acts. Includes reconsideration before the same body and appeal to the hierarchical superior, and is a prerequisite for access to the judicial track.
Vicios del consentimiento#
Defects of consent
Flaws affecting the will of a person entering a legal act, allowing it to be voided: mistake about an essential element, fraud (dolo), violence (physical or moral), and duress. The affected party may seek nullity within the prescription period.
Víctima#
Victim
Person who has directly suffered physical, mental, emotional, property, or rights harm as a result of a crime.
Violación#
Rape (violación)
Sex crime consisting of carnal access to another person through violence, intimidation, or by exploiting their inability to consent.
Violencia doméstica#
Domestic violence
Pattern of violent conduct — physical, sexual, psychological, or economic — directed by a person against their spouse, cohabiting partner or ex-partner, ascendants, descendants, or other family members. In Honduras it has specific protection under the Ley contra la Violencia Doméstica, with protective measures and sanctions separate from ordinary criminal prosecution.