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Simple English definitions for legal terms
bonitary ownership
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A quick definition of bonitary ownership:
Bonitary ownership is a type of ownership recognized by Roman law. It refers to the ownership of property that was conveyed by an informal transfer or by a formal transfer by someone who is not the true owner. It is also known as bonitarian ownership or in bonis habere. Ownership means having the right to possess and use something, and to convey it to others. Ownership rights are permanent, general, and heritable.
A more thorough explanation:
Bonitary ownership is a type of ownership recognized by Roman law. It refers to equitable ownership when the property was conveyed by an informal transfer or by a formal transfer by one who is not the true owner.
For example, if John sells a car to Mary, but he is not the true owner of the car, Mary has bonitary ownership of the car. She has the right to use, manage, and enjoy the car, but her ownership is not absolute because John was not the true owner.
Bonitary ownership is different from full ownership, which is the complete bundle of rights to use, enjoy, and dispose of property without limitation. In bonitary ownership, the ownership rights are circumscribed by the fact that the transfer was not made by the true owner.