Legal Definitions - domino volente

Domino volente is a Latin legal phrase meaning "with the owner's consent" or "if the owner is willing." It refers to situations where an action, transfer, or use of property, whether physical or intellectual, can only lawfully proceed if the legal owner of that property has granted their explicit permission.

Here are some examples illustrating this concept:

• Scenario: Lending a Valuable Item
  Imagine you own a rare antique watch. A friend expresses a desire to borrow it for a special event. Your friend can only take and use the watch if you, as the owner, willingly give your consent. If they were to take it without your permission, it would be considered unauthorized possession.

  Explanation: This demonstrates domino volente because the transfer of possession and use of the watch is entirely dependent on your willingness and explicit permission as its owner.

• Scenario: Accessing Private Land
  A hiking trail crosses a section of privately owned forest. Hikers are permitted to use this path, but only because the landowner has posted signs indicating public access is allowed during certain hours. If the landowner were to revoke this permission or restrict access, hikers would no longer be lawfully permitted on that part of the trail.

  Explanation: The public's right to traverse the private land exists domino volente—with the owner's consent. Without that consent, their presence would constitute trespass.

• Scenario: Using Copyrighted Material
  A documentary filmmaker wants to include a specific song in their film. The song is protected by copyright, meaning a particular artist or record label owns the rights to it. The filmmaker cannot simply use the song without permission.

  Explanation: The filmmaker must obtain a license from the copyright holder, which signifies that the use of the song is occurring domino volente—with the owner's consent. Without this consent, using the song would be copyright infringement.