Legal Definitions - acquisita et acquirenda

Acquisita et acquirenda is a Latin legal phrase that translates to "things acquired and things to be acquired." It refers to both property or assets that a person or entity currently possesses (acquisita) and property or assets that they are expected to obtain in the future (acquirenda).

This concept is particularly relevant in legal agreements and proceedings where the scope of assets, whether existing or future, needs to be clearly defined. It ensures that legal instruments can cover a comprehensive range of an individual's or organization's wealth, beyond just what is owned at a specific moment.

• Example 1: Security for a Business Loan

  A small business owner takes out a loan from a bank to expand operations. The bank requires the loan to be secured not only by the business's current inventory and equipment (acquisita) but also by any new machinery, intellectual property, or additional inventory the business purchases or creates using the loan funds or through future operations (acquirenda). This ensures the bank has a broad claim over the business's assets, both present and future, should the loan default.

• Example 2: Marital Property Agreements

  In some jurisdictions, prenuptial or postnuptial agreements might specify how assets acquired during the marriage will be divided. Such an agreement could cover not only the property and investments each spouse brings into the marriage (acquisita) but also any future earnings, inheritances, or property purchases made by either spouse during the marriage (acquirenda). This provides a clear framework for managing both existing and future marital wealth.

• Example 3: Enforcement of a Judgment

  If a court issues a judgment ordering a debtor to pay a sum of money, the creditor may seek to enforce this judgment against the debtor's assets. This enforcement can extend to any property the debtor currently owns, such as bank accounts or real estate (acquisita), and could also potentially apply to any significant assets the debtor might acquire in the future, such as a large bonus from work or an inheritance, until the debt is fully satisfied (acquirenda). This broad reach helps ensure the creditor has a means to recover the owed funds over time.