In jure alterius, which translates to “in another’s right” in Latin, refers to a scenario where an individual is acting on behalf of someone else’s legal rights or interests. This implies that the person possesses the authority to make decisions that impact the legal rights of another individual. For instance, a lawyer may engage in in jure alterius when representing a client in a courtroom. It is crucial to comprehend this concept thoroughly when dealing with legal affairs.
Example: A landlord can enter a tenant’s apartment for maintenance purposes, but only with the tenant’s permission or as stated in the lease agreement. This demonstrates that the landlord’s right to enter the apartment is dependent on the tenant’s consent or the terms of the lease. The landlord is exercising this right in accordance with the tenant’s right to privacy and possession of the property.
“In jure alterius” is a Latin phrase that translates to “in the right of another.” It refers to a legal principle where a person exercises a right or power on behalf of someone else.
The principle of “in jure alterius” applies when a person is authorized or has the legal capacity to act on behalf of another individual or entity. This can occur in various legal contexts, such as agency relationships, power of attorney, or fiduciary duties.
Examples include an attorney representing a client, a trustee managing assets for a beneficiary, or a guardian making decisions for a minor or incapacitated person. In these scenarios, the person acting on behalf of another is bound by certain legal obligations and responsibilities.
When acting “in jure alterius,” the person assumes a fiduciary duty towards the individual or entity they represent. This duty requires them to act in the best interests of the represented party, exercise reasonable care, avoid conflicts of interest, and maintain confidentiality.
No, acting “in jure alterius” typically requires explicit authorization or legal capacity granted by the represented party. Without proper authorization, the person may be held liable for unauthorized actions or breaches of fiduciary duty.
If a person acting “in jure alterius” breaches their fiduciary duty, they may be subject to legal consequences, including civil liability, monetary damages, and potential criminal charges. The extent of liability depends on the nature and severity of the breach.
Yes, the represented party generally has the right to hold the person acting “in jure alterius” accountable for their actions. They can seek legal remedies, such as filing a lawsuit for damages or requesting an injunction to prevent further harm.
Yes, there may be exceptions or limitations to the principle of “in jure alterius” depending on the specific legal context and jurisdiction. It is essential to consult with a qualified attorney to understand the applicable laws and regulations in a particular situation.
Yes, in certain cases, a person acting “in jure alterius” may use this principle as a defence to justify their actions. However, the defence’s success depends on various factors, including the validity of the authorization, adherence to fiduciary duties, and compliance with applicable laws.
To ensure compliance, it is advisable to seek legal advice and guidance from professionals experienced in the relevant area of law. They can help establish proper authorization, outline fiduciary duties, and provide ongoing support to ensure compliance with the principle of “in jure alterius.”
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: 16th April 2024.
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