Legal Definitions - jus delatum

jus delatum

Jus delatum is a term originating from Scots law that refers to a transferred right. It describes a legal right that has been moved or assigned from one person or entity to another. In essence, it signifies a right that was once held by someone and has now been legally passed on to a different party.

• Sale of a Business Asset: Imagine a small manufacturing company that owns a patent for a unique production process. If this company decides to sell its patent to a larger corporation, the corporation acquires the jus delatum. The exclusive right to use, license, and profit from that patented process is legally transferred from the original owner to the new owner.

• Assignment of a Lease Agreement: Consider a tenant who has a lease agreement for an apartment. If the lease terms allow, the tenant might assign their lease to a new individual who will take over the remaining period of the tenancy. In this scenario, the original tenant's right to occupy the apartment and the associated responsibilities are transferred to the new tenant. The new tenant now holds the jus delatum – the transferred right to occupy the property under the existing lease terms.

• Inheritance of a Copyright: Suppose an author holds the copyright to their published novel. Upon the author's death, their will specifies that all intellectual property rights, including the copyright for the novel, are to be passed to their child. The child then receives the jus delatum, meaning the legal right to control the reproduction, distribution, and adaptation of the novel has been transferred to them from their deceased parent.