Jus accrescendi, in
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 J ...
, is the
right of survivorship
In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time. If more than one person owns the same property, they are commonly referred to as co-owners. Legal terminolo ...
, the right of the survivor or survivors of two or more
joint tenants to the tenancy or estate, upon the death of one or more of the
joint tenants
In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time. If more than one person owns the same property, they are commonly referred to as co-owners. Legal terminolo ...
.
:*Jus accrescendi inter mercatores, pro benefio commercii, locum non habet: The right of survivorship has no place between merchants, for the benefit of commerce. Co. Litt. 182(1 ; 2 Story, Eq. Jur. , 1207; Broom, Max. 455. There is no survivorship in cases of partnership, in contrast to joint-tenancy. Story, Partn. ยง 00.
:*Jus accrescendi praefertur oneribus: The right of survivorship is preferred to incumbrances. Co. Litt. 185o. Hence no dower or courtesy can be claimed out of a joint estate. 1 Steph. Comm. 316.
:*Jus accrescendi praefertur ultima voluntati: The right of survivorship is preferred to the last will. Co. Litt 1856. A devise of one's share of a joint estate, by will, is no severance of the jointure; for no testament takes effect till after the death of the testator, and by such death the right of the survivor (which accrued at the original creation of the estate, and has therefore a priority to the other) is already vested. 2 Bl. Comm. 18(i; 3 Steph. Comm. 316.
References
Black's Law Dictionary (Second Edition 1910) (public domain) Latin legal terminology