This phrase in Scots law denotes that an individual forfeits their entitlement to something upon relinquishing possession or abandoning it.
A JURE SUO CADUNTA, or jure suo cadunt, is a Latin phrase used in Scots law to signify the loss of property rights. It refers to situations where individuals forfeit their right to a property because they either no longer possess it or have abandoned it. For instance, consider John, who owned a piece of land but left it unused for an extended period of time. As a result, the government took possession of the land since John had abandoned it. In this case, John lost his right to the land due to his negligence. Similarly, Sarah lent her car to a friend who unfortunately got into an accident, resulting in the car being completely destroyed. Since Sarah’s friend did not have insurance, she had to bear the cost of the damages. Consequently, Sarah lost her right to the car as she no longer possessed it and had to pay for the repairs. These examples effectively demonstrate how a jure suo cadunt applies to situations where individuals lose their property rights due to loss of possession or abandonment.
“A Jure Suo Cadunt” is a Latin phrase that translates to “they fall by their own right.” It refers to a legal principle where a person’s rights are forfeited due to their own actions or negligence.
This principle is often applied in cases where a person’s own conduct or failure to act results in the loss of their legal rights or privileges.
Yes, it can be used as a defence to argue that the opposing party has forfeited their rights due to their own actions or negligence.
Examples include cases where a party fails to meet a legal deadline, breaches a contract, or engages in misconduct that results in the loss of their legal rights.
The principle may have variations in different legal systems, but the concept of rights being forfeited due to one’s own actions is generally recognised.
Yes, it can be used to argue that a defendant’s actions have resulted in the forfeiture of certain legal rights or defences.
A lawyer can use this principle to argue that the opposing party should not be entitled to certain rights or remedies due to their own conduct.
The application of this principle may be subject to certain legal requirements and limitations, depending on the specific circumstances of the case.
It is possible for parties to waive or modify the application of this principle through a legal agreement, but such waivers would need to be clearly stated and agreed upon.
It is best to consult with a qualified attorney who can assess the specific facts of your case and advise you on whether this principle may be relevant to your situation.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 25th April 2024.
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