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Legal Definitions - jus duplicatum
Definition of jus duplicatum
Jus Duplicatum
This Latin term translates to "double right" or "double title." It refers to a situation in property law where an individual or entity holds both the legal right to own something (the title or legal claim) and the actual physical possession or control of that same thing.
Essentially, it signifies a complete and undisputed claim to property, combining both the legal justification for ownership and the factual enjoyment or control of the asset.
- Example 1: Homeownership
Imagine Sarah purchases a house. She signs all the necessary legal documents, receives the deed to the property, and then moves into the house. In this scenario, Sarah possesses jus duplicatum because she holds both the legal title (the deed proving her ownership) and the actual physical possession of the house (she lives in it and controls it).
- Example 2: Vehicle Ownership
Consider a small business owner, Mark, who buys a new delivery van for his company. He completes the purchase, receives the vehicle's title in the company's name, and the van is parked at his business premises, used daily for deliveries. Mark's company has jus duplicatum over the van, as it holds the legal title and maintains physical possession and use of the vehicle.
- Example 3: Inherited Family Heirloom
After her grandmother's passing, Maria inherits a valuable antique watch, explicitly named in the will. The will serves as the legal document confirming her ownership. Maria then takes physical possession of the watch, wearing it and keeping it safe. Here, Maria holds jus duplicatum because she has both the legal right to the watch through inheritance and its actual physical possession.
Simple Definition
Jus duplicatum is a Latin term meaning "double right," also referred to as droit-droit. It signifies a complete and indefeasible right over property, where an individual holds both the right to possession and the full right to ownership.