Legal Definitions - res merae facultatis

Res merae facultatis refers to a right or power that an individual or entity possesses but is not obligated to exercise. The defining characteristic of such a right is that it remains valid and available indefinitely, even if it is not used for a prolonged period. It cannot be lost simply through non-use; the holder retains the discretion to exercise it at any time.

• Example 1: A Citizen's Right to Vote

  Imagine a citizen who is eligible to vote in national and local elections. This individual has the power to cast a ballot in every election.

  This is an example of res merae facultatis because while the citizen possesses the right to vote, they are not legally compelled to do so. If they choose not to participate in several consecutive elections, they do not forfeit their fundamental right to vote in future elections. The right persists regardless of whether it is actively exercised.

• Example 2: A Property Owner's Right to Construct a Shed

  Consider a homeowner who owns a backyard and, according to local zoning laws and without needing specific permits for its size, has the right to build a small storage shed on their property.

  This illustrates res merae facultatis because the homeowner possesses the power to build the shed, but there is no obligation to do so. If they decide not to build a shed for many years, they do not lose their right to construct one later, provided they still comply with any applicable regulations at that time. The right to improve their property in this manner remains intact.

• Example 3: A Business's Right to Expand its Product Line

  A technology company has developed several innovative product concepts and holds the intellectual property rights to them, but has only brought one to market so far.

  The company's ability to develop and launch the other product concepts is a res merae facultatis. The company has the power to introduce these new products, but it is not required to do so. If the company chooses not to develop or launch these products for a long time, it does not lose the right to do so later, as long as its intellectual property rights remain valid. The discretion to expand its offerings remains with the company.