Legal Definitions - habere licere

Habere licere is a Latin legal principle, originating in Roman law, that describes a seller's fundamental obligation to ensure a buyer's peaceful and undisturbed possession and enjoyment of purchased property. It represents a guarantee from the seller that they have the legitimate right to sell the property and that no other party holds a superior claim that would prevent the buyer from possessing or using it. If a buyer is later dispossessed or evicted from the property due to a pre-existing superior claim by a third party, the seller is legally bound to compensate the buyer for their loss.

Here are some examples illustrating the concept of habere licere:

• Real Estate Transaction: A family purchases a plot of land and builds their dream home. Years later, a historical survey reveals that a portion of their land legally belongs to an adjacent estate due to an ancient, unrecorded boundary dispute. The family is forced to cede that portion of their property.

  This scenario demonstrates a breach of the original seller's habere licere obligation. The family did not receive full, undisturbed possession of the entire plot they believed they purchased. The seller would be responsible for compensating the family for the lost portion of their land or the diminished value of their property.

• Valuable Artwork Purchase: An art collector buys a rare painting from a reputable gallery. Months later, the painting is identified as a piece stolen decades ago from a national museum, which now demands its return.

  The gallery, as the seller, implicitly guaranteed the collector's right to possess and enjoy the painting without interference. Since the painting was stolen, the gallery did not have clear title to sell it, violating the habere licere principle. The gallery would be obligated to refund the collector the purchase price and potentially other damages.

• Commercial Equipment Sale: A small business invests in a specialized manufacturing machine from a supplier. A year into operation, a competitor sues the business, claiming the machine infringes on their patented technology and obtains a court order preventing its further use.

  The supplier's sale of the machine carried an implied habere licere promise that the buyer could use it without legal challenges to their possession or use. The patent infringement claim represents a third party's superior right that interferes with the buyer's enjoyment of the property. The supplier would be responsible for compensating the business for the unusable machine and related losses.