Legal Definitions - jus persequendi in judicio quod sibi debetur

jus persequendi in judicio quod sibi debetur

This Latin phrase, originating from Roman law, refers to the fundamental right of an individual or entity to initiate a legal action in court to claim something that is rightfully owed to them. It embodies the principle that if someone has a legitimate claim or entitlement, they have the legal standing to pursue it through the judicial system.

• Example 1: Business Contract Dispute

  A freelance web developer completes a complex website for a client, but the client refuses to pay the final invoice despite having approved the work and launched the site. The web developer exercises their jus persequendi in judicio quod sibi debetur by filing a lawsuit against the client to recover the unpaid fee. The payment is "that which is due" to the developer for services rendered, and the lawsuit is the legal means of "suing before a court" to obtain it.

• Example 2: Personal Injury Claim

  A cyclist is seriously injured when a delivery truck driver negligently changes lanes without signaling, causing a collision. The cyclist incurs significant medical expenses, loses income due to inability to work, and experiences considerable pain and suffering. The cyclist invokes their jus persequendi in judicio quod sibi debetur by filing a personal injury lawsuit against the trucking company and driver. The compensation for medical bills, lost wages, and other damages is "that which is due" to the cyclist as a result of the driver's negligence, and the lawsuit is the legal avenue to claim this entitlement.

• Example 3: Unpaid Rent and Property Damage

  A landlord discovers that a former tenant moved out of an apartment without paying the last two months' rent and left extensive damage to the property beyond normal wear and tear. The landlord utilizes their jus persequendi in judicio quod sibi debetur by taking the former tenant to small claims court. The unpaid rent and the cost of repairing the damages are "that which is due" to the landlord under the terms of the lease agreement and property law, and the court action is the method to legally pursue these entitlements.