Alienatio Licet Prohibeatur Consensu Tamen Omnium (Latin): A legal principle that states while alienation (transfer of ownership or rights) may be prohibited, it can still be allowed with the consent of all parties involved.
This principle recognizes that certain assets or rights may be subject to restrictions on their transfer or alienation. However, it also acknowledges that in certain circumstances, all parties involved may agree to allow the transfer or alienation to take place, thereby overriding the initial prohibition.
The principle of Alienatio Licet Prohibeatur Consensu Tamen Omnium is often applied in legal contexts where there are specific limitations or conditions on the transfer of property, contracts, or other rights. It emphasizes the importance of unanimous consent among all relevant parties to override any existing restrictions and enable the transfer or alienation to occur.
Alienatio Licet Prohibeatur Consensu Tamen Omnium is a Latin legal principle that translates to “alienation may be prohibited, but with the consent of all.” This principle refers to the concept of restricting or prohibiting the transfer or sale of property, assets, or rights, but allowing such alienation if all parties involved give their consent.
Under this principle, if there is a legal provision or agreement that restricts the transfer or sale of a particular asset or right, it cannot be alienated unless all parties involved agree to the transaction. This principle ensures that all parties have a say in the transfer or sale of the property, and their consent is necessary to override any restrictions.
The principle of Alienatio Licet Prohibeatur Consensu Tamen Omnium is often applied in various legal contexts, such as contracts, property law, and business transactions. It serves as a safeguard to protect the interests of all parties involved and ensures that no one can unilaterally transfer or sell property or rights that are subject to restrictions without the unanimous consent of all parties.
Q: What does “Alienatio Licet Prohibeatur Consensu Tamen Omnium” mean?
A: “Alienatio Licet Prohibeatur Consensu Tamen Omnium” is a Latin phrase that translates to “Alienation is permitted, but prohibited by the consent of all.” It refers to the legal principle that allows individuals to transfer or sell their property, but only with the unanimous agreement of all parties involved.
Q: What is the significance of this legal principle?
A: This principle ensures that no individual can be forced to give up their property against their will. It protects the rights of property owners and prevents any unauthorized transfer or sale of property.
Q: How does “Alienatio Licet Prohibeatur Consensu Tamen Omnium” apply in real estate transactions?
A: In real estate transactions, this principle means that all co-owners or stakeholders must agree to any transfer or sale of the property. If even one party does not consent, the transaction cannot proceed.
Q: Does “Alienatio Licet Prohibeatur Consensu Tamen Omnium” apply to all types of property?
A: Yes, this principle applies to all types of property, including real estate, personal belongings, and intellectual property. It ensures that the consent of all parties is obtained before any transfer or sale takes place.
Q: Are there any exceptions to this principle?
A: While “Alienatio Licet Prohibeatur Consensu Tamen Omnium” generally requires unanimous consent, there may be exceptions in certain legal systems or specific circumstances. For example, some jurisdictions may allow for a majority vote or provide alternative procedures for obtaining consent.
Q: How is “Alienatio Licet Prohibeatur Consensu Tamen Omnium” enforced?
A: The enforcement of this principle depends on the legal system in place. In some cases, it may require legal action to prevent an unauthorized transfer or sale of property. Courts can intervene to protect the rights of individuals and ensure that consent is obtained from all parties involved.
Q: Can “Alienatio Licet Prohibeatur Consensu Tamen Omnium” be waived or modified?
A: In some cases, parties may agree to waive or modify this principle through contractual agreements. However, such waivers or modifications would need to be legally binding and agreed upon by all parties involved.
Q: Is “Alienatio Licet Pro
DismissThis 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: 29th March 2024.
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