Legal Definitions - in rebus litigiosis

In rebus litigiosis is a historical Latin legal phrase that describes matters or things that are currently involved in a lawsuit or are likely to become the subject of a legal dispute. It refers to a situation where the legal status, ownership, or rights concerning something are contested or under judicial review.

Here are some examples to illustrate this concept:

• Example 1: Disputed Real Estate

  Imagine two siblings who inherit a family vacation home. They cannot agree on whether to sell it or keep it, and eventually, one sibling files a lawsuit to force the sale of the property. While the lawsuit is ongoing, the vacation home itself is considered in rebus litigiosis. Its future and ownership are actively being decided by the court, and no major changes or transactions can typically occur without judicial approval.

• Example 2: Contested Intellectual Property

  A small tech startup develops a new software feature, but a larger competitor claims that the feature infringes on their existing patent. The larger company sues the startup for patent infringement. During the course of this litigation, the specific software feature and its underlying code are in rebus litigiosis. Their legal status, including who has the right to develop, market, or profit from them, is directly subject to the court's judgment.

• Example 3: Assets in a Divorce Proceeding

  During a contentious divorce, a couple owns several valuable assets, including a shared investment portfolio and a luxury car. As part of the divorce proceedings, the court issues an order preventing either spouse from selling or transferring these assets until a final settlement or judgment is reached. In this scenario, the investment portfolio and the luxury car are in rebus litigiosis because their division and ownership are directly under the purview of the court's legal process.