Legal Definitions - privatae leges

privatae leges

In Scots law, privatae leges refers to "personal laws." These were specific legal provisions or acts that applied exclusively to a single individual, rather than establishing a general rule or law that would affect a broader category or class of people.

• Example 1: Special Citizenship Grant

  Imagine a situation where a country's parliament passes a special legislative act to grant citizenship to a specific foreign national. This individual might have performed an extraordinary service to the nation, and the standard naturalization process is deemed insufficient or inappropriate for their unique circumstances. This act would be a privata lex because it applies solely to that one person, making them a citizen without changing the general immigration or citizenship laws that apply to everyone else.

• Example 2: Unique Property Exemption

  Consider a scenario where a local legislative body enacts a specific ordinance allowing a particular homeowner to construct an addition to their house that slightly exceeds the standard height restrictions for their neighborhood. This exemption is granted due to a highly unusual and compelling personal need, such as accommodating a specialized medical device for a family member. This would be a privata lex because it creates an exception to the general zoning rules exclusively for that one property owner, without altering the height restrictions for any other residents.

• Example 3: Historical Grant of Privilege

  Historically, a monarch or a legislative body might issue a specific decree bestowing a unique personal privilege or a particular right upon a single individual, perhaps as a reward for loyalty or service. For instance, a decree granting a specific merchant the exclusive right to trade a certain commodity in a particular town, while all other merchants remain subject to general trade regulations. This act would be a privata lex because it confers a special status or right solely upon that one merchant, rather than changing the trade laws for all merchants in the kingdom.