Legal Definitions - abusus

Abusus is a legal concept, primarily found in civil law systems, that refers to the ultimate right of an owner to dispose of their property. This encompasses the power to sell, give away, consume, mortgage, or even destroy the property, thereby transferring or relinquishing their ownership.

Here are some examples illustrating the concept of abusus:

• Example 1: Selling a Business

  Imagine a small business owner, Maria, who has built up a successful bakery over many years. After deciding to retire, she chooses to sell her bakery, including its equipment, recipes, and goodwill, to a younger entrepreneur. Maria's decision to sell her entire business demonstrates her abusus, as she is exercising her ultimate right to dispose of her property by transferring its ownership to another party.

• Example 2: Demolishing a Structure

  Consider a property owner, David, who owns a large plot of land with an old, unused barn on it. David decides that the barn is beyond repair and no longer serves a purpose, so he hires a contractor to demolish it to make way for a new garden. David's action of having the barn destroyed is an exercise of his abusus, as he possesses the right to dispose of his property, even if that means its complete destruction.

• Example 3: Gifting an Inheritance

  Sarah inherits a significant sum of money from her wealthy aunt. Instead of keeping all of it for herself, Sarah decides to donate a substantial portion of the inheritance to a charity that supports educational programs. Sarah's choice to give away a part of her inherited funds illustrates her abusus, as she has the right to dispose of her property by transferring it as a gift to another entity.