Jus retinendi et insistendi is a legal concept in Scots law that pertains to a seafarer’s entitlement to reclaim their wages. This entitlement grants the seafarer the ability to place a lien on the ship and pursue the owner for payment. In simpler terms, it means that a seafarer has the right to retain possession of the ship until they receive their wages.
In Scots law, the term jus retinendi et insistendi denotes the right of retention and insistence. This implies that an individual possesses the authority to retain something until they receive their due payment and to demand payment. A seafarer is entitled to the right of jus retinendi et insistendi. This signifies that if they are not remunerated their wages, they can withhold the ship until they receive payment and can also initiate legal proceedings against the owner for payment. Another instance is when you lend money to a friend, and they fail to reimburse you. You have the right of jus retinendi et insistendi, which allows you to retain something of theirs until they pay you back and can also take legal action to recover your money. These examples demonstrate how jus retinendi et insistendi empowers an individual to hold onto something until they receive their rightful payment and to demand payment.
Jus Retinendi Et Insistendi is a Latin term that refers to the right to retain and possess property. It is a legal principle that allows individuals to hold onto their property and defend their possession against any unauthorized interference.
This principle ensures that individuals have the legal right to keep and enjoy their property without any unlawful deprivation. It allows them to defend their possession through legal means, such as filing a lawsuit or seeking an injunction.
In certain circumstances, individuals may voluntarily waive or limit their right to retain and possess property. This can be done through contractual agreements, such as lease agreements or licensing agreements, where the parties agree to certain restrictions on property rights.
Examples of violations of this principle include trespassing, theft, vandalism, or any other act that interferes with an individual’s right to retain and possess their property.
Yes, if someone unlawfully enters your property and poses a threat to your safety, you may use reasonable force to defend yourself and your property. However, the level of force used must be proportionate to the threat faced.
While individuals have the right to retain and possess their property, this right is not absolute. It can be limited by laws and regulations enacted by the government, such as zoning laws, environmental regulations, or eminent domain.
Yes, Jus Retinendi Et Insistendi can be applied to intellectual property rights, such as copyrights, trademarks, and patents. It allows the owners of these rights to protect and defend their exclusive use and enjoyment of their intellectual creations.
If someone violates your right to retain and possess your property, you may seek legal remedies such as damages, injunctions, or specific performance. These remedies aim to compensate you for any harm caused and restore your right to possess the property.
Yes, Jus Retinendi Et Insistendi can be invoked in commercial disputes where one party is wrongfully withholding or interfering with another party’s property. It provides a legal basis for seeking redress and enforcing property rights in such cases.
To protect your rights under this principle, it is advisable to document your ownership or possession of the property, maintain proper security measures, and promptly address any unauthorized interference or violations. Seeking legal advice and assistance can also help ensure your rights are protected.
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.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/jus-retinendi-et-insistendi/
- Modern Language Association (MLA):Jus Retinendi Et Insistendi. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/jus-retinendi-et-insistendi/.
- Chicago Manual of Style (CMS):Jus Retinendi Et Insistendi. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/jus-retinendi-et-insistendi/ (accessed: May 09 2024).
- American Psychological Association (APA):Jus Retinendi Et Insistendi. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/jus-retinendi-et-insistendi/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts