Merum jus, also referred to as mere right, is a theoretical entitlement to property without physical control or the actual right of possession. This implies that an individual may possess the legitimate ownership of a property, but due to specific factors like negligence or a legal ruling, another person holds the right of possession. In such instances, the owner is left with only a mere right and must substantiate their ownership in order to reclaim possession of the property.
Merum jus, also referred to as mere right, jus merum, or meer dreit, is an abstract property right that does not encompass possession or the right of possession. It is crucial in property law and frequently discussed in legal literature. To illustrate, an individual may possess the true ultimate property of a land parcel, but due to various circumstances like their own negligence or a court ruling, the right of possession may be granted to someone else. In such a scenario, the person with the ultimate property only holds a mere right and must provide evidence to regain possession of the land.
Merum Jus is a Latin term that translates to “pure law” in English. It refers to the fundamental principles and rules of law that are universally applicable and not influenced by any external factors.
Positive law refers to the laws that are enacted by a particular society or government, while Merum Jus represents the inherent and timeless principles of justice that are not subject to change or interpretation.
While Merum Jus serves as a theoretical concept, its principles can be used as a guiding framework in interpreting and applying positive law. However, it is important to consider the specific legal system and its unique characteristics.
The concept of Merum Jus has its roots in ancient Roman law, where it was first introduced by legal scholars and philosophers. However, it has been further developed and expanded upon by legal theorists throughout history.
Some commonly recognized principles associated with Merum Jus include fairness, equality, natural justice, and the protection of individual rights. These principles aim to ensure a just and equitable legal system.
Merum Jus provides a theoretical foundation for international law, as it emphasizes the universality and inherent nature of certain legal principles. International law often seeks to uphold these principles in the context of global relations.
Merum Jus can be used as a theoretical basis to critique and challenge existing laws that are perceived to be unjust or in violation of fundamental legal principles. However, the practical application of Merum Jus in legal disputes may vary depending on the jurisdiction.
While the concept of Merum Jus is not explicitly recognized in all legal systems, its principles often find expression in various legal doctrines and theories. Different legal systems may have their own interpretations and applications of these principles.
In general, positive law takes precedence over Merum Jus within a specific legal system. However, if a positive law is found to be in conflict with fundamental legal principles, it may be subject to challenge or invalidation based on Merum Jus principles.
Studying Merum Jus involves exploring legal philosophy, jurisprudence, and the historical development of legal systems. Legal scholars, textbooks, and academic journals often provide valuable insights into the concept and its application in different contexts.
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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