Legal Definitions - in invitum

in invitum is a Latin legal term that literally translates to "against an unwilling person." It describes a situation or action that is imposed upon an individual or entity without their consent or against their express wishes. Essentially, it means someone is compelled to participate in or submit to something they are unwilling to do.

Here are some examples to illustrate this concept:

• Government Property Acquisition: Imagine a local government decides to build a new highway and needs to acquire several private properties along the proposed route. One homeowner, deeply attached to their property, refuses to sell, even after extensive negotiations. If the government proceeds to acquire the property through eminent domain (its power to take private land for public use), this action is considered in invitum. The homeowner is compelled to relinquish their property against their will, even though the law allows the government to do so under specific circumstances.

• Forced Corporate Merger: Consider a scenario where a large company acquires a smaller one. After the acquisition, the majority shareholders of the combined entity vote to execute a "squeeze-out" merger, which legally forces the remaining minority shareholders of the acquired company to sell their shares at a set price. Some of these minority shareholders may believe the price is unfair or simply wish to retain their investment. Their forced sale of shares, despite their unwillingness, is an in invitum action.

• Compelled Court Testimony: Suppose an individual witnesses a significant event, such as a car accident or a crime. Even if this person prefers not to get involved or testify, they may receive a subpoena, which is a legal order requiring them to appear in court and provide testimony. Their obligation to testify, despite their personal reluctance or unwillingness to participate, is an in invitum requirement.