Define: Habere Licere

Habere Licere
Habere Licere
Quick Summary of Habere Licere

The term “Habere licere” originated from Roman law and signifies the act of granting permission to possess. It pertains to the responsibility of a seller to ensure that a buyer can peacefully own and utilise a property. In case of any eviction, the buyer can either file a claim on the stipulation or opt for an “actio ex empto” under Justinian, which allows them to seek compensation from the seller for any damages incurred.

Full Definition Of Habere Licere

Habere licere, a Latin term used in Roman law, means “to allow to have.” It pertains to the seller’s obligation to guarantee the buyer’s right to possess and enjoy property without interference. In the event of eviction, the buyer can pursue legal action against the seller through the stipulation or, in Justinian’s era, an actio ex empto. When John purchased a house, the seller included a habere licere clause in the contract, granting John the right to possess and enjoy the property undisturbed. Under habere licere, if the previous owner attempts to evict John, he can seek compensation from the seller through legal means for the loss of the property. These examples demonstrate how habere licere safeguards the buyer’s right to possess and enjoy the property they have acquired, while also holding the seller accountable for any post-sale evictions.

Habere Licere FAQ'S

Habere Licere is a Latin term that translates to “having the right to possess.” It refers to the legal concept of having the lawful authority or permission to possess something.

To obtain Habere Licere, you typically need to meet certain legal requirements or conditions set forth by the relevant authority. This may involve submitting an application, paying fees, and demonstrating your eligibility.

Habere Licere may be required in various situations, such as obtaining a license to operate a business, possessing certain restricted substances or firearms, or having the right to possess and use copyrighted material.

Possessing something without Habere Licere can lead to legal consequences. Depending on the nature of the possession and applicable laws, you may face fines, penalties, or even criminal charges.

Yes, Habere Licere can be revoked if you fail to comply with the terms and conditions set forth by the issuing authority. Violating any relevant laws or regulations may result in the revocation of your license or permission to possess.

The duration of Habere Licere varies depending on the specific circumstances and the issuing authority’s regulations. Some licenses may be valid indefinitely, while others may have an expiration date or require periodic renewal.

In some cases, Habere Licere can be transferred to another person. However, this usually requires the approval of the issuing authority and compliance with any applicable transfer procedures or regulations.

If your Habere Licere application is denied, you may have the right to appeal the decision. It is advisable to consult with a legal professional who can guide you through the appeals process and help you understand your options.

Yes, you can apply for multiple Habere Licere simultaneously, as long as you meet the eligibility criteria for each license and comply with any applicable regulations or requirements.

In some cases, there may be alternative legal avenues to achieve your desired possession or activity without requiring Habere Licere. Consulting with a legal expert can help you explore these alternatives and determine the best course of action.

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Disclaimer

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: 17th April 2024.

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