Legal Definitions - habere

Habere is a Latin legal term that refers to the right to have something. In Roman law, this term emphasized the legal entitlement or ownership of an item, rather than the physical act of holding or possessing it. This distinction is crucial: one could "habere" something (have the right to it) without necessarily "tenere" it (physically hold it) or "possidere" it (possess it in a broader sense that includes both the right and the physical control).

Essentially, habere signifies a legal claim or entitlement to an asset, benefit, or privilege, irrespective of whether one currently has physical custody or direct control over it.

• Example 1: Property Ownership

  Consider a landlord who owns an apartment building. While their tenants physically occupy and use the individual units, the landlord still habere the entire property. They possess the legal right of ownership, the right to collect rent, and the ultimate right to reclaim possession once leases conclude. Even though they do not physically reside in or control the property day-to-day, their legal title grants them the fundamental right to it and its benefits.

• Example 2: Intellectual Property Rights

  Imagine a software developer who creates a unique application. When they license their software to users, those users gain the right to install and operate the program on their computers. However, the developer continues to habere the copyright and intellectual property rights to the software itself. They retain the exclusive legal right to reproduce, modify, and distribute the code, even though countless copies might be in use by others. Their legal entitlement to the creation remains intact.

• Example 3: Future Inheritance

  A person is named as the sole beneficiary of a valuable art collection in their elderly parent's will. While the parent is still alive, the beneficiary does not physically possess the artworks, nor do they have immediate control over them. However, the beneficiary habere the future right to the collection. They have a legally recognized entitlement that will materialize upon the parent's passing, giving them the right to claim and own those specific items, even before any physical transfer occurs.