11:44
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Simple English definitions for legal terms
in bonis habere
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A quick definition of in bonis habere:
Term: IN BONIS HABERE
Definition: In bonis habere means having ownership rights over a property. Ownership is the bundle of rights that allows one to use, manage, and enjoy property, including the right to convey it to others. Ownership implies the right to possess a thing, regardless of any actual or constructive control. Ownership rights are general, permanent, and heritable. It does not always mean absolute dominion, and the more an owner opens up their property for use by the public, the more their rights become circumscribed by the statutory and constitutional powers of those who use it.
A more thorough explanation:
Definition: In bonis habere refers to bonitary ownership, which is a type of equitable ownership recognized by the praetor in Roman law. It applies when the property was conveyed by an informal transfer or by a formal transfer by one who is not the true owner. It means to have a beneficial interest in the property, but not necessarily full ownership or possession.
Example: A person may have in bonis habere of a property that they have purchased from someone who did not have the legal right to sell it. They may have a beneficial interest in the property, but not full ownership or possession until the legal issues are resolved.
This term is important in understanding the different types of ownership and the rights that come with them. It shows that ownership is not always absolute and can be limited by legal or factual circumstances.