Legal Definitions - jus legitimum

jus legitimum

In civil law, jus legitimum refers to a legal right that is recognized and enforceable by law. It is a right that an individual can successfully claim or defend through the legal system, meaning the courts or other legal authorities will uphold and protect it.

Here are some examples to illustrate this concept:

• Imagine a homeowner, Maria, who has a deed proving her ownership of a house and the land it sits on. This deed grants her a jus legitimum over her property. If a neighbor tries to build a fence on her land without permission, Maria has the legally enforceable right to stop them, remove the encroachment, or seek damages, because the law recognizes and protects her ownership rights.

• Consider a situation where a software developer, Alex, signs a contract with a client to create a custom application. The contract specifies that Alex will be paid $10,000 upon completion. Once Alex delivers the completed application as per the agreement, his right to receive the $10,000 payment becomes a jus legitimum. If the client refuses to pay, Alex can pursue legal action, such as filing a lawsuit for breach of contract, to enforce his right to the agreed-upon compensation.

• A person buys a new refrigerator that comes with a one-year manufacturer's warranty. Six months later, the refrigerator stops working due to a defect covered by the warranty. The warranty provides the buyer with a jus legitimum. This means the buyer has a legally enforceable right to have the manufacturer repair or replace the faulty appliance according to the warranty terms. If the manufacturer denies this obligation, the buyer can use legal avenues to enforce their right.