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Simple English definitions for legal terms
procurator in rem suam
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A quick definition of procurator in rem suam:
Term: PROCURATOR IN REM SUAM
Definition: A procurator in rem suam is a person who is assigned the right to take legal action on behalf of someone else in Roman law. In other words, if someone bought something on behalf of another person, the principal would have to be made the agent's procurator to claim under that sale. In Scots law, this phrase refers to a situation in which a person acts under a power of attorney with reference to property that the person has acquired.
A more thorough explanation:
Procurator in rem suam is a Latin term that has two meanings:
- In Roman law, it refers to an assignee of a right of action. In other words, if someone bought something on behalf of another person, the principal would have to be made the agent's procurator to claim under that sale.
- In Scots law, it refers to a person who acts under a power of attorney with reference to property that the person has acquired.
Example 1: In Roman law, if a person bought a property on behalf of someone else, the person who bought the property would have to make the principal their procurator in order for the principal to claim the property.
Example 2: In Scots law, if a person acquires a property and then gives someone else the power of attorney to act on their behalf, that person would be acting as a procurator in rem suam.
These examples illustrate how procurator in rem suam is used in different legal systems to refer to a person who acts on behalf of someone else with respect to property rights.