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Legal Definitions - successio in universum jus
Definition of successio in universum jus
The Latin term successio in universum jus refers to a legal principle where, upon a person's death, their heir or estate legally steps into their shoes, taking on all of their rights, property, and obligations as a complete whole. It signifies a comprehensive transfer of the deceased's entire legal standing, rather than just specific items or debts.
Here are some examples to illustrate this concept:
Inheritance of a Family Business: Imagine a small manufacturing business owner, Mr. Henderson, passes away. His will names his son, Michael, as the sole heir to his estate. Under the principle of successio in universum jus, Michael doesn't just inherit the factory building and machinery. He also assumes responsibility for the company's outstanding loans, existing supply contracts, customer agreements, and any pending legal disputes. This means Michael takes on the entirety of his father's business assets and liabilities, not just the profitable parts.
Complex Personal Estate: Consider Ms. Evelyn Reed, a retired professional who dies with a diverse financial portfolio. Her estate includes a primary residence, a vacation condo, several investment accounts, a car, and also a mortgage on her primary home, a car loan, and some outstanding credit card balances. When her niece, Clara, is designated as the sole heir, Clara inherits the entire financial picture. She becomes responsible for managing the investment accounts, deciding what to do with the properties, and settling all of Ms. Reed's debts using the estate's assets. Clara cannot simply choose to take the assets and ignore the liabilities; she inherits the complete financial and legal standing of her aunt.
Estate with Significant Liabilities: Suppose Mr. David Chen passes away, leaving behind a small apartment and some personal belongings, but also substantial medical bills and an unpaid personal loan. His sister, Lisa, is named as his sole heir. According to successio in universum jus, Lisa inherits not just the apartment and belongings, but also the full burden of Mr. Chen's outstanding debts. She must use the assets of the estate to pay off the medical bills and the loan before she can claim any remaining inheritance. This demonstrates the transfer of the complete legal and financial situation, including all liabilities, to the heir.
Simple Definition
In Roman law, "successio in universum jus" refers to the comprehensive transfer of a deceased person's legal standing. This means the heir succeeds to the entirety of the deceased's assets, rights, and liabilities, effectively stepping into their legal shoes.