Legal Definitions - litigious right

A litigious right refers to a legal right that is currently uncertain or disputed and therefore cannot be fully exercised or enforced until a court formally decides on its existence, validity, or scope through a lawsuit. Essentially, it's a right whose very nature or entitlement is the subject of active litigation.

Specifically, in civil law contexts, if such a right is transferred or sold, it must already be the subject of an active lawsuit at the time of the transfer for it to be legally considered a litigious right.

• Example 1: Disputed Property Boundary

  Imagine two neighbors, Sarah and Tom, who have a long-standing disagreement over the exact boundary line between their properties. Sarah believes a 15-foot strip of land along the fence belongs to her, while Tom insists it's part of his yard. Neither can definitively build on, sell, or otherwise fully utilize that specific 15-foot strip without the risk of legal challenge. Sarah's claim to ownership of that strip is a litigious right because its validity and her ability to exercise it are uncertain and depend entirely on a court's decision after reviewing surveys, deeds, and other evidence in a property dispute lawsuit.

• Example 2: Contested Debt from a Business Contract

  A small business, "InnovateTech," completed a project for a client, "GlobalCorp." InnovateTech believes GlobalCorp owes them an additional $75,000 for unforeseen work that went beyond the original contract scope. GlobalCorp, however, disputes this, arguing that the extra work was either unnecessary or implicitly covered by the initial agreement. InnovateTech's claim to that additional $75,000 is a litigious right. The right to receive that payment is not clear-cut; it is contested and can only be established and enforced if a court rules in InnovateTech's favor in a breach of contract lawsuit.

• Example 3: Inheritance Dispute Over an Asset

  Following the death of a wealthy individual, Mr. Henderson, his will specifies that his antique car collection should go to his nephew, David. However, Mr. Henderson's estranged daughter, Emily, comes forward with an older, handwritten note, claiming it's a later amendment to the will that grants her the car collection instead. The validity of Emily's claim to the car collection is a litigious right. Her right to inherit these specific assets is uncertain and cannot be exercised until a probate court examines both documents, hears arguments from all parties, and makes a definitive ruling on which document, if any, represents Mr. Henderson's final wishes regarding the car collection.