Legal Definitions - tanquam optimum maximum

Tanquam optimum maximum is a Latin legal phrase that historically described something as being granted or understood "at its best and fullest." It signifies that an interest, right, or property is being conveyed or interpreted in the most complete, advantageous, and unencumbered way possible, maximizing the benefit or scope for the recipient.

Here are some examples illustrating this concept:

• Imagine a historical land grant from a sovereign to a loyal subject. If the grant specified that the estate was conveyed "tanquam optimum maximum," it meant the recipient received the most extensive possible rights to the land. This would include not just surface ownership, but also mineral rights, water rights, timber rights, and any associated easements, all without hidden encumbrances or limitations that could diminish its value or use. The intent was to bestow the property in its most complete and beneficial form, ensuring the subject received the absolute fullest extent of ownership.

• Consider a medieval guild charter that outlined the rights and privileges of its members to practice a specific trade within a city. If the charter declared these rights were granted "tanquam optimum maximum," it would imply the guild members held the broadest possible interpretation of their trading privileges. They would have the maximum freedom to conduct their business, set prices, and control their craft without undue interference, taxes, or subtle restrictions from the city authorities, ensuring their professional autonomy was as extensive as possible.

• In a historical context, if a patent license agreement granted a company the right to use a particular invention "tanquam optimum maximum," it would mean the licensee received the most comprehensive and unrestricted rights to utilize that technology. This would encompass all current applications, potential future developments, the ability to sublicense to others, and the freedom to modify or adapt the invention, rather than a limited or narrowly defined license. The intent was to grant the fullest possible scope of use and exploitation of the patented technology.