Define: Jus Quaesitum

Jus Quaesitum
Jus Quaesitum
Quick Summary of Jus Quaesitum

Jus quaesitum is a Latin phrase utilised in civil law to describe the entitlement to request or retrieve something from an obligated individual. It can also denote a obtained right. In Scots law, jus quaesitum tertio is a contractual right bestowed upon a third party, which cannot be revoked by the parties involved in the contract. This implies that the third party possesses the authority to demand the execution of the contract, despite not being a participant in it.

Full Definition Of Jus Quaesitum

Jus quaesitum is a Latin term used in civil law to describe the right to request or recover something from someone who is obligated. It can also refer to a right that has been acquired. For instance, if someone owes you money, you have the right to demand payment from them, which is known as jus quaesitum. Jus quaesitum tertio, on the other hand, is a term used in Scots law to describe a contractual right granted to a third party. This means that a third party has the legal right to benefit from a contract between two other parties. For example, if a couple hires a wedding photographer and includes a clause in the contract allowing their parents to receive copies of the photos, the parents have jus quaesitum tertio. This grants them the legal right to receive the photos, even though they were not directly involved in the contract. These examples demonstrate how jus quaesitum and jus quaesitum tertio are legal concepts that provide individuals or third parties with the right to demand or receive something they are entitled to under the law.

Jus Quaesitum FAQ'S

Jus Quaesitum is a Latin term that means “the right sought.”

Jus Quaesitum is often used in legal proceedings to refer to the specific right or remedy that a party is seeking.

Jus Quaesitum is unique in that it specifically refers to the right or remedy that a party is seeking, rather than a broader legal concept.

Yes, Jus Quaesitum can be used in criminal cases to refer to the specific remedy that a victim is seeking, such as restitution or compensation.

Yes, Jus Quaesitum is commonly used in civil cases to refer to the specific right or remedy that a plaintiff is seeking, such as damages or injunctive relief.

In contract law, Jus Quaesitum can refer to the specific performance or other remedy that a party is seeking for a breach of contract.

Yes, a party can waive their right to seek a specific remedy or right by agreeing to a settlement or other resolution of the case.

Jus Quaesitum is not a commonly used legal term in modern legal practice, but it is still used in some contexts.

Jus Quaesitum is closely related to the concept of standing, which refers to a party’s right to bring a legal claim or seek a specific remedy.

Yes, Jus Quaesitum can be used in international law to refer to the specific right or remedy that a party is seeking in a dispute between nations or other international entities.

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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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