Legal Definitions - jus incorporale

Jus incorporale refers to a legal right that does not have a physical form or existence. Unlike tangible property that you can touch or see, a jus incorporale is an intangible entitlement that nonetheless holds significant legal value and can be owned, transferred, or enforced through the legal system.

Here are some examples to illustrate this concept:

• Copyright for a Novel: Imagine an author who writes a best-selling novel. The physical book itself is tangible, but the author's copyright to the story, characters, and unique expression is a jus incorporale. The author doesn't physically possess the "copyright" as an object; instead, they own the exclusive legal right to reproduce, distribute, perform, and display their creative work. This intangible right is extremely valuable, can be sold or licensed, and is legally protected against infringement.

• A Right-of-Way (Easement) Across Land: Consider a situation where a property owner needs to cross a neighbor's land to reach a public road because their own property is landlocked. The legal agreement granting them this access is called an easement or a right-of-way. This right to traverse the neighbor's property is a jus incorporale. The owner doesn't own the neighbor's land, nor do they physically possess the "right-of-way" itself as a thing. Instead, it's an intangible legal entitlement attached to their property, allowing them a specific, limited use of another's land, which is legally enforceable.

• Shares in a Corporation: When an individual invests in a company by purchasing shares, they acquire a jus incorporale. While they might receive a physical share certificate or see their holdings listed digitally, the actual "share" represents an intangible ownership interest and a bundle of rights within the corporation (such as voting rights, the right to receive dividends, or a claim on assets upon liquidation). The value lies in these underlying, non-physical rights and entitlements, not in the paper certificate or digital entry itself.