Legal Definitions - invito superiore

Invito superiore is a Latin legal term, primarily used in Scots law, which translates to "without the consent of the superior." It describes a situation where an action is taken, or attempted, without obtaining the necessary approval from a party who holds a higher or controlling interest, or who has the legal right to grant or withhold permission.

Historically, this often referred to a vassal (a person holding land) attempting to transfer or give up their land without the permission of their feudal superior (the person from whom they held the land). In essence, it signifies an act performed without the required authorization from the designated authority.

• Historical Land Ownership Example: Imagine a tenant in medieval Scotland, known as a vassal, who holds a piece of land (a "fee") from a powerful lord, their "superior." The vassal decides they want to give up this land and move elsewhere.

  If the vassal attempted to abandon or transfer their land without first securing the lord's explicit permission, their action would be considered invito superiore. The lord, as the superior, had a legal right to control the disposition of the land, and the vassal's action would be invalid or unauthorized in the eyes of the law.

• Modern Property Analogy (Homeowners Association): A homeowner lives in a planned community governed by a Homeowners Association (HOA). The HOA's covenants and restrictions state that any significant exterior modification, such as adding a new deck or painting the house a non-approved color, requires prior written approval from the HOA's architectural review committee.

  If the homeowner proceeds to build a large deck without submitting plans and receiving the required approval from the HOA committee, their action would be analogous to invito superiore. The HOA, acting as a "superior" authority in this context, has the right to grant or withhold consent for such modifications, and the homeowner's unapproved action would be in violation of the established rules.

• Contractual Assignment Example: Two companies, Company A and Company B, have a contract where Company A provides services to Company B. A clause in their agreement explicitly states that neither party can assign their rights or obligations under the contract to a third party without the prior written consent of the other party.

  If Company A decides to sell its business and attempts to transfer its service obligations to a new company, Company C, without first obtaining Company B's written consent as stipulated in the contract, this attempted assignment would be invito superiore. Company B is the "superior" in this contractual context regarding the assignment clause, and its consent is legally required for the transfer to be valid.