Jus tertii, Latin for “rights of a third party,” refers to a legal doctrine that allows a third party to assert rights or interests in a legal proceeding, even though they are not directly involved as a party to the case. Under this doctrine, a person who is not a party to a legal dispute may intervene in the proceedings to protect their own legal rights or interests that are affected by the outcome of the case. Jus tertii may arise in various contexts, such as property disputes, contractual disputes, or constitutional law cases, where the rights of third parties may be implicated. The doctrine recognises that individuals or entities may have legitimate interests at stake in a legal dispute, even if they are not directly named as parties to the case, and provides a mechanism for them to assert and protect those interests in court. However, the extent to which a third party may intervene or assert rights under jus tertii may vary depending on the specific legal rules and procedural requirements governing the case.
A Latin phrase for “a right in a third person.” A normally unsuccessful plea made by a tortfeasor in respect of an action for trespass to land or chattels indicating that the plaintiff’s possession was wrongful vis-à-vis a third person.
Latin: ‘rights of a third (person)’. Jus tertii is a defence to certain actions in Tort, notably conversion. By pleading jus tertii the defendant is not saying that the claimant does not have a case against him, but that somebody else has a better case. The defence probably exists as a matter of policy, to allow the courts to settle disputes among multiple parties in one hearing
Jus Tertii, Latin for “right of a third party,” refers to a legal doctrine that allows a third party to assert rights or interests in a legal proceeding, typically to protect their own interests.
Jus Tertii may arise when a third party claims an interest in property or asserts a legal right that is affected by the outcome of a legal dispute between other parties.
Common examples include:
- Landlord asserting property rights in a dispute between tenants.
- Creditor asserting lien or security interest in property subject to foreclosure.
- Parent asserting custody rights in a dispute involving their child.
Jus Tertii allows a third party to assert rights or interests that are separate from those of the primary parties to the dispute, based on their own legal standing or relationship to the subject matter.
Yes, a third party can assert Jus Tertii rights even if they are not formally named as a party to the legal proceeding, as long as they have a legitimate interest or claim that is affected by the outcome.
A successful Jus Tertii claim may result in the court recognising the third party’s rights or interests and modifying the outcome of the legal proceeding accordingly, such as by awarding possession of property or custody of a child.
A third party typically asserts Jus Tertii rights by filing a motion or petition with the court, intervening in the existing legal proceeding, and presenting evidence or arguments to support their claim.
Yes, the primary parties to the legal dispute can contest Jus Tertii claims by challenging the standing, legitimacy, or merits of the third party’s assertion of rights or interests.
The court considers various factors, including the third party’s relationship to the subject matter, the validity of their claimed rights or interests, the potential impact on the primary parties, and the overall interests of justice.
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: 29th March, 2024.
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