Warrantia custodiae is a Latin legal term that denotes a written instrument safeguarding an individual who has purchased land from a seller who assured that the land was not subject to any legal guardianship. In the event that the buyer discovers that the land is indeed under guardianship, they can utilise this document to hold the seller responsible for their assurance.
Warrantia custodiae is a Latin legal term that refers to a writ utilised by a buyer of land held in knight’s service to protect against the seller (and their heirs). The seller had previously guaranteed that the land was not subject to wardship, but it was later discovered that wardship was indeed applicable. For instance, if John sells a piece of land to Jane and falsely claims that it is free from wardship, Jane can employ a warrantia custodiae to hold John (and his heirs) accountable for the wardship. This example demonstrates the practical application of warrantia custodiae, highlighting that if a seller makes a fraudulent assertion regarding the land’s freedom from wardship, the buyer can utilise this writ to seek compensation from the seller (and their heirs) for any damages or losses incurred due to the wardship.
Warrantia Custodiae is a legal term that refers to the warranty of custody. It is a legal concept that ensures the safekeeping and protection of property or assets entrusted to someone’s care.
Any individual or organisation that entrusts their property or assets to another party can benefit from Warrantia Custodiae. This can include individuals, businesses, or even government entities.
The custodian has the legal obligation to exercise reasonable care and diligence in safeguarding the entrusted property or assets. They must ensure that the property is protected from theft, damage, or any other harm.
Yes, the custodian can be held liable for any loss or damage to the entrusted property if it is proven that they failed to exercise reasonable care and diligence in safeguarding it. However, certain circumstances beyond the custodian’s control may exempt them from liability.
Yes, the custodian is generally entitled to charge a reasonable fee for their services. However, the fee should be agreed upon and specified in a written contract or agreement between the custodian and the party entrusting the property.
Yes, the custodian can terminate the agreement under certain circumstances, such as if the party entrusting the property breaches the terms of the agreement or if the custodian is unable to fulfill their obligations due to unforeseen circumstances.
Yes, the party entrusting the property can terminate the agreement if the custodian fails to fulfill their obligations or breaches the terms of the agreement. However, it is advisable to review the terms of the agreement and consult with legal counsel before terminating the agreement.
Yes, Warrantia Custodiae can be used for both tangible assets, such as physical property or valuable items, as well as intangible assets, such as intellectual property or confidential information.
Yes, Warrantia Custodiae can be enforced internationally, but it may require compliance with specific laws and regulations of the respective jurisdictions involved. It is advisable to consult with legal experts familiar with international laws and treaties.
Yes, Warrantia Custodiae can be modified or customized to suit specific needs through a written agreement between the custodian and the party entrusting the property. It is recommended to consult with legal professionals to ensure that the modifications comply with applicable laws and adequately protect the interests of both parties.
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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