Legal Definitions - in gremio juris

The Latin phrase in gremio juris translates to "in the bosom of the right." Historically, this term referred to a specific type of clause or provision embedded within a legal document, such as a contract, deed, or charter. The purpose of such a clause was to ensure that its terms and obligations were inherently binding on anyone who subsequently held, possessed, or became associated with that document or the rights it conveyed.

Essentially, an "in gremio juris" clause meant that the duties, rights, or conditions were so deeply integrated into the legal instrument itself that they automatically applied to future parties, without requiring a separate, explicit agreement with each new holder. It implied that the obligation was intrinsic to the document's legal nature.

Here are some examples to illustrate this concept:

• Historical Land Deed: Imagine an ancient land deed for a large estate. This deed might have contained a clause stating that any future owner of the land was perpetually obligated to allow public access across a specific pathway on the property, or to contribute a certain amount annually to maintain a local bridge. This "in gremio juris" clause would mean that every subsequent buyer of the estate, simply by acquiring the deed and the land, automatically inherited these responsibilities. They wouldn't need to sign a new agreement specifically promising to uphold these terms; the obligation was inherent in the deed itself.

  This example illustrates how a condition was so deeply embedded in a foundational property document that it automatically bound all future holders of the property, regardless of how many times it changed hands.

• Corporate Charter: Consider the original charter of a historical trading company or a medieval guild. This foundational document might have included an "in gremio juris" provision stating that any individual who became a member or director of the company was automatically bound by a strict code of conduct and required to contribute a specific percentage of their profits to a common fund. This clause ensured that the core principles and financial obligations were intrinsic to the organization's very existence and applied to all who joined, simply by virtue of their membership.

  This example demonstrates how a governing document could impose inherent obligations on future participants or leaders of an organization, making the terms inseparable from the role itself.

• Promissory Note with Specific Redemption Terms: In the past, a promissory note (a written promise to pay a specific sum of money) might have included an "in gremio juris" clause specifying that the note could only be redeemed at a particular bank branch, on a certain day of the week, and required the physical presentation of the original document. If this note was traded multiple times, every person who acquired it would be bound by these exact redemption conditions, even if they were not the original payee. The specific terms were part of the note's inherent legal character.

  This example shows how a financial instrument could carry intrinsic conditions that applied to any subsequent holder, making the terms inseparable from the document itself.