Legal Definitions - majori minus inest

Majori minus inest is a Latin legal principle, primarily used in Scots law, which translates to "the greater includes the less." This principle means that when a significant or primary right to property is granted or transferred, all smaller, related, or subordinate rights that are naturally part of that greater right are also automatically included, even if they are not explicitly mentioned. It ensures that a comprehensive transfer of a major right is effective and complete, carrying with it all necessary lesser components.

Here are some examples to illustrate this principle:

• Real Estate Sale: When a person sells their house, which includes the land it sits on, the act of selling the "house" (the greater right) automatically includes the right for the new owner to use the existing driveway, the garden, and access to the utility lines (water, electricity, gas) running under the property. These lesser rights are inherently tied to the property and do not need to be separately itemized in the sales contract.

  Explanation: The ownership of the house and land represents the "greater" right. The rights to use the driveway, garden, and utilities are "lesser" rights that are fundamental to the practical enjoyment and use of the property. By conveying the house, the seller implicitly conveys these essential lesser rights.

• Business Asset Transfer: A manufacturing company sells its entire production facility, including the building, all machinery, and the specialized equipment within it. The sale of the "production facility" (the greater asset) automatically transfers the right to use the specific tools, jigs, and fixtures that are integral to the operation of the machinery, as well as any existing operational manuals for the equipment. These smaller items are essential for the facility to function as intended.

  Explanation: The production facility as a whole is the "greater" asset being transferred. The specialized tools, jigs, fixtures, and manuals are "lesser" assets that are integral and necessary for the effective operation of the facility. The transfer of the greater asset encompasses these necessary components.

• Intellectual Property Licensing: A software developer grants a company an exclusive license to use its proprietary accounting software for all its business operations. This "exclusive license to use the software" (the greater right) implicitly includes the right to install the software on multiple company computers, create necessary backup copies for disaster recovery, and access basic user support documentation. These lesser rights are crucial for the practical and effective utilization of the licensed software.

  Explanation: The exclusive license to use the software is the "greater" right. The rights to install, create backups, and access documentation are "lesser" rights that are fundamental to exercising the main license effectively and ensuring the software can be used as intended.