Legal Definitions - alienus

alienus (adjective)

In Roman law, alienus refers to something that belongs to another person or entity. It signifies that an item, right, or property is not one's own, but rather is held or owned by someone else.

• Example 1: Found Property

  Imagine someone discovers a valuable antique watch lying on a park bench. Even though they have physical possession of the watch, it is alienus to them. The watch legally belongs to its original owner, and the finder has a duty to attempt to return it, rather than claiming it as their own.

  This illustrates alienus because the watch, despite being in the finder's hands, is the property of "another" and does not belong to the person who found it.

• Example 2: Intellectual Property

  A freelance writer completes an article for a client under a "work-for-hire" agreement. Once the article is submitted and payment is received, the copyright and all rights to the content become alienus to the writer. These rights now belong to the client who commissioned the work, meaning the writer cannot republish or claim ownership of the article without the client's permission.

  Here, alienus highlights that the intellectual property rights, once created by the writer, now belong to "another" entity (the client) and are no longer the writer's to control.

• Example 3: Borrowed Assets

  A small business owner takes out a loan from a bank to purchase new equipment. The equipment is used by the business, but until the loan is fully repaid, the bank may hold a security interest in it. In a sense, the ultimate ownership or claim to the equipment could be considered alienus to the business owner if they default, as the bank has a right to reclaim it because it "belongs to another" (the bank, in terms of its secured interest) until the debt is satisfied.

  This example shows alienus in the context of a secured interest, where the equipment, while in the borrower's possession, has a claim or right attached to it that "belongs to another" (the lender) until the financial obligation is met.