Legal Definitions - cum omni causa

cum omni causa is a Latin phrase that translates to "with every advantage." In a legal context, particularly in historical Roman law, it signifies that when an item or right is transferred from one party to another, all the associated benefits, advantages, and inherent rights that naturally flow from that item or right are also transferred along with it.

It means that the recipient receives not just the core item, but also all the positive attributes, entitlements, and opportunities that are intrinsically linked to it as a result of the transaction.

• Example 1: Sale of a Rental Property

  Imagine a landlord sells an apartment building that currently has several tenants paying rent. According to the principle of cum omni causa, the new owner doesn't just acquire the physical building; they also automatically gain the right to collect the ongoing rental income from the existing tenants. The advantage of receiving rent is an inherent benefit derived from owning the rental property, and it transfers with the sale.

• Example 2: Acquisition of a Small Business

  When a buyer purchases a local coffee shop, cum omni causa means they acquire more than just the physical assets like the espresso machine and furniture. They also gain the established customer base, the goodwill associated with the shop's name, and any existing favorable supplier contracts. These intangible benefits are significant advantages that come with the business transaction and are transferred to the new owner.

• Example 3: Transfer of Patent Rights

  Consider a scenario where an inventor sells the patent rights for a new medical device to a pharmaceutical company. Applying cum omni causa, the company receives not only the exclusive right to manufacture and sell the device but also any future royalties or licensing fees that might be generated if other companies wish to use the patented technology. These potential earnings are direct advantages derived from owning the patent and are transferred as part of the sale.