Jus Disponendi
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Jus Disponendi
Jus disponendi, in the civil law, refers to the right of disposing (of a thing owned, i.e. it is an attribute of dominium, or ownership). An expression used either: *generally, to signify the right of alienation, as historically a married woman would be deprived of the jus disponendi over her separate estate; *specially, in the law relating to sales of goods, where it is often a question whether the vendor of goods has the intention of reserving to himself the jus disponendi; i. e., of preventing the ownership from passing to the purchaser, notwithstanding that he (the vendor) has parted with the possession of the goods. See also *Ius __NOTOC__ ''Ius'' or ''Jus'' (Latin, plural ''iura'') in ancient Rome was a right to which a citizen (''civis'') was entitled by virtue of his citizenship ('' civitas''). The ''iura'' were specified by laws, so ''ius'' sometimes meant law. As on ... ReferencesBlack's Law Dictionary (Second Edition 1910) (public domain) Latin legal terminology
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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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