Define: Jus Non Decrescendi

Jus Non Decrescendi is a legal principle that states that a right or entitlement cannot be diminished or reduced over time.

Under Jus Non Decrescendi, property rights cannot be diminished or reduced without proper legal justification. This means that once a person acquires a property right, it cannot be taken away or diminished without following the appropriate legal procedures.

In some cases, parties may agree to waive or modify the application of Jus Non Decrescendi through a legally binding contract. However, such waivers or modifications must be explicit and agreed upon by all parties involved.

Jus Non Decrescendi generally applies to all types of rights, including property rights, contractual rights, and even certain fundamental rights. However, the specific application may vary depending on the jurisdiction and the nature of the right in question.

In certain circumstances, legislation may override the application of Jus Non Decrescendi. However, such legislation must be clear and unambiguous in its intent to diminish or reduce a particular right, and it must comply with constitutional and legal requirements.

If someone violates Jus Non Decrescendi by attempting to diminish or reduce a right without proper legal justification, the affected party may seek legal remedies. This can include filing a lawsuit to enforce the right, seeking damages for any harm caused, or requesting an injunction to prevent further violations.

While Jus Non Decrescendi is a general principle, there may be certain exceptions depending on the specific circumstances and legal framework. For example, certain rights may be subject to reasonable limitations in the interest of public welfare or national security.

Jus Non Decrescendi is closely related to the concept of vested rights, which refers to rights that have become legally protected and cannot be taken away without due process. Jus Non Decrescendi ensures that vested rights remain intact and cannot be diminished over time.

Yes, Jus Non Decrescendi can be used as a defence in a legal dispute to assert that a right cannot be diminished or reduced without proper legal justification. However, the success of such a defence will depend on the specific facts and circumstances of the case.

To ensure that your rights are protected under Jus Non Decrescendi, it is important to understand the applicable laws and regulations, seek legal advice when necessary, and be vigilant in asserting and defending your rights when they are at risk of being diminished or reduced.