Legal Definitions - jus praesens

Jus praesens refers to a legal right that has been fully established and acquired, meaning all necessary conditions for its existence have been met. It signifies a present, certain, and enforceable right, often described as a 'vested right,' which cannot be easily revoked or denied.

• Example 1: Property Ownership

  Imagine a person who has completed all the steps to purchase a house: they've signed the deed, paid the full purchase price, and the deed has been officially recorded with the local government. At this point, their right to own and possess the house is a jus praesens. All conditions for ownership have been met, and they now have a fully acquired, vested right to the property, allowing them to live in it, sell it, or otherwise control it without further conditions.

• Example 2: Retirement Benefits

  Consider an employee who has worked for a company for 25 years and reached the minimum age specified in their pension plan. Having fulfilled all the service and age requirements outlined in the plan, their right to receive a pension upon retirement becomes a jus praesens. This means their entitlement to future pension payments is a completely acquired and vested right, no longer contingent on continued employment or other future conditions.

• Example 3: Copyright Protection

  An artist finishes painting a unique landscape and takes a photograph of it, then uploads the image to their personal website. The moment the painting was created and "fixed in a tangible medium of expression" (the physical painting itself and the digital image), the artist automatically acquired copyright protection under the law. This immediate and complete ownership of the copyright, granting them exclusive rights to reproduce, display, and distribute their work, is a jus praesens.