Legal Definitions - utiliter impensum

The term utiliter impensum is a Latin phrase that historically refers to money or resources that have been usefully expended or spent in a beneficial manner. It describes an outlay of funds or effort that genuinely improves, preserves, or adds value to something, often in a context where the person making the expenditure might seek reimbursement or justification for their actions.

Here are some examples to illustrate this concept:

• Example 1: Property Maintenance

  Imagine a historical scenario where a tenant, with the landlord's implied consent or due to an emergency, pays for urgent repairs to the roof of a rented property to prevent further damage from a storm. The repairs significantly protect the building's structural integrity and prevent more costly damage.

  This expenditure would be considered utiliter impensum because the money was spent usefully to preserve the value of the property, benefiting both the tenant (by maintaining a habitable dwelling) and the landlord (by protecting their asset).

• Example 2: Estate Management

  Consider an executor managing a deceased person's estate. Before selling a valuable antique car that is part of the estate, the executor pays for necessary maintenance, such as replacing old tires and fixing a minor engine issue, to ensure it runs well and can be properly showcased to potential buyers. These actions increase the car's marketability and potential sale price.

  The funds spent on the car's maintenance are utiliter impensum because they were usefully expended to preserve and enhance the value of an estate asset, ultimately benefiting the beneficiaries of the estate.

• Example 3: Joint Venture Improvement

  Suppose two individuals are engaged in a historical joint venture to operate a small mill. One partner, without explicit prior approval but seeing an immediate need, purchases and installs a more efficient water wheel after the old one breaks down. This new wheel significantly increases the mill's output and profitability for both partners.

  The cost of the new water wheel would be deemed utiliter impensum because the expenditure was usefully made to improve the joint venture's operational capacity and profitability, benefiting both partners involved.