Legal Definitions - jus quaesitum

The term jus quaesitum, from Latin, generally refers to an acquired right or a right that one is entitled to claim or recover from another party who has an obligation. It signifies a right that has become vested in an individual.

A more specific application of this principle, particularly in Scots law, is jus quaesitum tertio.

Jus quaesitum tertio describes a legal situation where two parties enter into a contract, and that contract specifically grants a right or benefit to a third party who was not directly involved in creating the agreement. Once this right is established, the original contracting parties generally cannot revoke it without the third party's consent, and the third party can enforce this right directly.

Here are some examples to illustrate jus quaesitum tertio:

• Example 1: Property Development Agreement

  Imagine a property developer enters into a contract with a landscaping company to design and maintain a beautiful communal garden within a new residential complex. The contract includes a specific clause stating that all future residents of the complex (an identifiable class of third parties) will have exclusive access to and use of this garden for recreational purposes for a period of 15 years, with the developer funding its upkeep. In this scenario, the developer and the landscaping company are the two contracting parties. The residents, though not part of the original contract, acquire a jus quaesitum tertio – an enforceable right to use the garden. The developer cannot later decide to convert the garden into additional parking spaces without the residents' consent, as their right is vested.

• Example 2: Insurance Policy for Dependents

  Consider an individual who purchases a life insurance policy from an insurance company. The policy contract explicitly names their spouse and children (specific third parties) as beneficiaries who will receive a payout upon the policyholder's death. The individual and the insurance company are the contracting parties. The spouse and children acquire a jus quaesitum tertio to the insurance payout. Even if the individual later has a disagreement with their family, they generally cannot unilaterally remove the named beneficiaries from the policy without following specific contractual procedures, as the beneficiaries have an acquired right to the benefit.

• Example 3: Public Works Contract with Community Benefit

  A city government contracts with a construction firm to build a new bridge. As part of the agreement, the contract stipulates that the construction firm must also build and equip a small community library adjacent to the bridge, which will be open to all local residents (an identifiable class of third parties). The city government and the construction firm are the contracting parties. The local residents acquire a jus quaesitum tertio to the benefit of the library. The city and the firm cannot later agree to scrap the library project and use the funds for something else without acknowledging the residents' acquired right to that facility.