Define: Cujus Est Divisio Alterius Est Electio

Cujus Est Divisio Alterius Est Electio” is a Latin phrase that translates to “he who divides, chooses.” It refers to a legal principle where the person who has the power to divide or choose something also has the responsibility to make the selection.

This principle is often applied in situations involving property division, the distribution of assets, or the allocation of rights and responsibilities. It helps ensure fairness and accountability in decision-making processes.

In a divorce case, if one spouse is given the authority to divide the marital property, they must do so in a fair and equitable manner. They cannot unfairly favour themselves or make choices that disadvantage the other spouse.

Yes, this principle can be applied in business partnerships when it comes to dividing profits, assets, or decision-making authority. It ensures that the partner responsible for dividing these resources does so in a fair and unbiased manner.

Yes, this principle can be relevant in inheritance cases, especially when there are multiple beneficiaries. The executor or administrator of the estate must divide the assets among the beneficiaries fairly, without showing favouritism or bias.

Yes, if there is a valid legal agreement or contract that specifies how the division or selection should occur, it can override the principle. Parties are free to negotiate and agree upon their own terms, as long as they do not violate any laws or public policy.

Yes, this principle can apply to government authorities or officials who have the power to allocate resources, distribute benefits, or make decisions. They must exercise their authority fairly and without bias, ensuring that the division or selection is in the best interest of the public.

While this principle is not typically applied directly in contract disputes, it can indirectly influence the interpretation and enforcement of contracts. Courts may consider the fairness and equity of the division or selection made by one party when resolving contract disputes.

The application of this principle may vary depending on the jurisdiction and specific circumstances. Some legal systems may have exceptions or limitations to ensure that the division or selection is reasonable, lawful, and in line with public policy. It is always advisable to consult with a legal professional to understand the specific implications in a given situation.