Define: Cum De Lucro Duorum Quseritur Me Lior Est Causa Possidentis

This Latin phrase translates to “When the profit of two is sought, the cause of the possessor is stronger.” It refers to the legal principle that when two parties claim ownership or possession of something, the one who currently possesses it has a stronger legal claim.

In property disputes, this principle means that if two parties claim ownership of a property, the one who is currently in possession of it will generally have a stronger legal claim. Possession is often considered evidence of ownership.

No, this principle is primarily applicable in civil cases, particularly in property disputes. It does not have direct relevance in criminal cases where guilt or innocence is determined based on different legal principles.

Yes, there can be exceptions to this principle. For example, if the possessor obtained the property through illegal means or fraud, their possession may not be considered valid, and the true owner may have a stronger legal claim.

To prove possession, one can provide evidence such as lease agreements, utility bills, property tax records, or any other documents that establish their exclusive control and use of the property. Witness testimonies and photographs can also be used as evidence.

Yes, a court can override this principle if there is sufficient evidence to prove that the possessor’s claim is invalid or that the true owner has a stronger legal right to the property. The court will consider all relevant evidence and legal arguments before making a decision.

In cases involving stolen property, the principle of “Cum De Lucro Duorum Quseritur Me Lior Est Causa Possidentis” may not apply. The true owner of the stolen property generally retains the legal right to reclaim it, even if it is in the possession of someone else.

While the principle may not be explicitly stated in the laws of all jurisdictions, the concept of possession as evidence of ownership is generally recognised in many legal systems worldwide.

The principle may not be directly applicable in cases of shared or joint ownership, as the legal rights and obligations of co-owners are typically governed by specific agreements or laws related to co-ownership.