Legal Definitions - quia succedunt in universum jus quod defunctus habuit

The Latin phrase quia succedunt in universum jus quod defunctus habuit translates to: "because they succeed to every right that the deceased had."

This legal principle, originating in Roman and Scots law, describes how an heir or successor steps into the complete legal position of a person who has died. It means that the heir acquires all the legal rights, entitlements, and sometimes even obligations that the deceased possessed at the time of their death, as if they were the original holder of those rights.

Here are some examples to illustrate this concept:

• Inheritance of Real Estate: Imagine a homeowner, Mr. Henderson, passes away. He owned his house outright and had the full legal right to live in it, sell it, or rent it out. His daughter, Ms. Henderson, is his sole heir. According to the principle of quia succedunt in universum jus quod defunctus habuit, Ms. Henderson inherits not just the physical house, but also all the legal rights associated with its ownership. She now has the same full legal authority over the property that her father had, including the right to occupy it, manage it, or transfer its ownership to someone else.

• Succession to Contractual Claims: Consider a situation where a small business owner, Ms. Chen, had completed a consulting project for a client but had not yet received the final payment of $10,000 before her sudden passing. Her son, Mr. Chen, is her designated heir. Under this legal principle, Mr. Chen succeeds to his mother's contractual right to that outstanding payment. He can now legally pursue the client for the $10,000, just as his mother could have done, because he has inherited her full legal entitlement under the contract.

• Transfer of Intellectual Property Rights: Suppose a renowned artist, Dr. Lee, created several unique sculptures and held the copyright to these original works, giving her the exclusive right to reproduce, display, and license them. Upon Dr. Lee's death, her estate passes to her niece, Ms. Kim. Applying quia succedunt in universum jus quod defunctus habuit, Ms. Kim inherits the full copyright to Dr. Lee's sculptures. This means Ms. Kim now possesses the same exclusive legal rights to control the use and reproduction of those artworks that Dr. Lee held during her lifetime.