Legal Definitions - antiqua et nova

Antiqua et nova is a Latin phrase that translates to "old and new." Historically, in certain legal systems, particularly Scots law, it referred to a significant distinction between different types of property or rights.

• Antiqua (old) referred to rights or property that were inherited, passed down through generations, or acquired through succession. These were assets that came to an individual through their lineage or established custom.
• Nova (new) referred to rights or property that were newly acquired by an individual through their own efforts, purchase, gift, or other means of direct acquisition, rather than inheritance. These were assets an individual personally created or obtained.

This distinction was once important for various legal purposes, such as determining inheritance patterns, feudal obligations, or specific legal privileges. However, this legal distinction has largely been abolished in modern law, meaning that in most contemporary legal systems, the way property is treated does not depend on whether it was inherited or newly acquired.

Here are some examples illustrating how this distinction would have applied historically:

• Family Estate vs. Startup Business

  • Antiqua: Imagine a sprawling country estate, complete with a manor house and extensive farmlands, that has been owned and managed by the same family for over three centuries, passed down from one generation to the next through wills and succession. For the current owner, this estate and its associated traditional rights would historically be considered antiqua property.
  • Nova: Now consider a descendant of that family who, instead of focusing on the estate, moves to a city and successfully launches a technology startup using their own innovative ideas and personal investments. The shares in their company, the intellectual property they develop, and the commercial building they purchase for their business would all be classified as nova property.
  • Illustration: This example clearly differentiates between the inherited, "old" rights and property of the family estate and the newly acquired, "new" rights and property generated through individual entrepreneurial effort.

• Hereditary Title vs. Personally Acquired Art Collection

  • Antiqua: A nobleman inherits a hereditary title, along with an ancestral castle and certain traditional feudal rights over surrounding lands, all of which have been passed down through his lineage for centuries. These inherited privileges and properties would historically fall under the category of antiqua.
  • Nova: This same nobleman, using his personal income and discerning taste, spends decades building a world-renowned collection of contemporary art, purchasing each piece directly from artists or galleries. This art collection, which he personally acquired and curated, would be considered nova.
  • Illustration: This scenario highlights the contrast between the inherited status and property that came to the nobleman without his direct acquisition, and the valuable assets he actively and personally obtained through his own means.

• Traditional Water Rights vs. Newly Patented Invention

  • Antiqua: In a rural community, a family has historically held traditional rights to draw water from a specific spring on communal land, a privilege passed down through generations by custom and informal agreement. These long-standing, inherited water rights would be considered antiqua.
  • Nova: A member of that same family, an engineer, invents a new, highly efficient water purification system and successfully obtains a patent for it. The exclusive rights granted by this patent, being a direct result of their individual innovation and legal application, would be classified as nova.
  • Illustration: This example contrasts rights that are deeply rooted in historical inheritance and tradition with rights that are freshly created and legally secured through individual ingenuity and effort.