Legal Definitions - jus recuperandi

Jus Recuperandi

Jus recuperandi is a Latin legal term that translates to "the right of recovering." It refers to a legal entitlement to reclaim property or possessions that have been lost, stolen, or are being wrongfully held by another party. While historically often applied to the recovery of land, this principle broadly encompasses the right to get back what one is legally entitled to.

Here are some examples illustrating the concept of jus recuperandi:

• Example 1: Reclaiming Encroached Land

  Imagine a homeowner, Ms. Chen, discovers through a new survey that her neighbor's garage was mistakenly built two feet onto her property line several decades ago. Despite the time passed, Ms. Chen still holds the jus recuperandi, giving her the legal right to demand the removal of the encroaching structure and reclaim that portion of her land.

• Example 2: Recovering Loaned Artwork

  Mr. Davies, a private collector, lends a rare sculpture to a gallery for a temporary exhibition, with a written agreement specifying its return date. When the exhibition concludes, the gallery, citing its popularity, refuses to return the sculpture. Mr. Davies possesses the jus recuperandi, which is his legal right to take action to compel the gallery to return his property as per their agreement.

• Example 3: Retrieving Stolen Goods

  A valuable antique violin is stolen from a musician, Ms. Kim. Years later, the violin is discovered being sold by a reputable dealer who unknowingly acquired it from a thief. Even though the dealer purchased it in good faith, Ms. Kim, as the rightful owner, retains the jus recuperandi. This right allows her to legally reclaim her stolen violin upon proving her original ownership, regardless of who currently possesses it.