Duorum In Solidum Dominium Vel Possessio Esse Non Potest
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Duorum In Solidum Dominium Vel Possessio Esse Non Potest
Duorum in solidum dominium vel possessio esse non potest is Latin legal term meaning "Sole ownership or possession cannot be in two persons" / "Two persons cannot own or possess a thing in the entirety." It is a variation of a more popular Latin legal phrase, which is attested to in Coke's Institutes: Duo non possunt in solido unam rem possidere: "Ownership of a whole cannot be shared; right of ownership must be divided into portions." See also * Roman law * civil law (legal system) * dominium means "dominion; control; ownership". It is used in some phrases and maxims in legal Latin: *Dominium directum – Direct ownership, that is control of the property, but not necessarily with right to its utilization or alienation. For example, a ... * in solido References Latin legal terminology {{Latin-legal-phrase-stub ...
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Latin Legal
A number of Latin terms are used in legal terminology and legal maxims. This is a partial list of these terms, which are wholly or substantially drawn from Latin. __TOC__ Common law Civil law Ecclesiastical law See also * Brocard (law) * Byzantine law * Code of Hammurabi * Corpus Juris Canonici * International Roman Law Moot Court * Law French * List of Latin abbreviations * List of Latin phrases (full) * List of fallacies * List of Philippine legal terms * List of Roman laws * Twelve Tables Notes References * Gabriel Adeleye & Kofi Acquah-Dadzie Kofi Acquah-Dadzie is a Ghanaian academic, jurist and writer based in Botswana. He was the Assistant Registrar and Master of the High Court of Botswana. Early life and education Acquah-Dadzie was born in 1939 at Juaso in the Ashanti Region o .... ''World Dictionary of Foreign Expressions: A Resource for Readers and Writers''. Ed. by Thomas J. Sienkewicz & James T. McDonough, Jr. Wauconda, Ill.: Bolchazy-C ...
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Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for Civil law (legal system), civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of List of legal Latin terms, Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire ( ...
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Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ...
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Dominium
means "dominion; control; ownership". It is used in some phrases and maxims in legal Latin: *Dominium directum – Direct ownership, that is control of the property, but not necessarily with right to its utilization or alienation. For example, a holder in life tenure has ''dominium directum'' but not ''dominium utile'', because he may control the property but not exhaust its resources. This is to be distinguished from allodial right or fee simple (dominium plenum) and the right retained by the grantor of the life estate who holds the rights to the utilization of the land's resources (''dominium utile''). *Dominium directum et utile – The complete and absolute dominion in property; the union of the title and the exclusive use. Equivalent in nature to ''dominium plenum'' or ''fee simple''. * – The right of eminent domain. * . – Ownership cannot be held in suspense/; property cannot float in an uncertainty. * – Full or complete ownership of an estate; "fee simple". *Dom ...
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In Solido
{{more citations needed, date=April 2011 A solidary obligation, or an obligation ''in solidum'', is a type of obligation in the civil law jurisprudence that allows either obligors to be bound together, each liable for the whole performance, or obligees to be bound together, all owed just a single performance and each entitled to the entirety of it. In general, solidarity of an obligation is never presumed, and it must be expressly stated as the true intent of the parties' will. Contractual solidary obligations are frequently created by insurance policies or co-signing a loan. A common example of a solidary obligation created thorough operation of law is vicarious liability such as ''respondeat superior''. Solidarity can be either active or passive. A solidary obligation that is active exists among the obligees (creditors) in the transaction. It is passive when it exists among the obligors (debtors) in a transaction. A solidary obligation is almost always an advantage for a cred ...
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