Legal Definitions - utitur jure auctoris

The Latin legal term utitur jure auctoris translates to "he exercises the right of his predecessor in title."

This principle means that a person, by succeeding to the ownership or legal position of another, acquires and can exercise the same rights that the previous owner or holder possessed. Essentially, the new holder steps into the shoes of their predecessor and can assert the same legal entitlements or claims.

Here are a few examples to illustrate this concept:

• Real Estate Easement: Imagine a homeowner, Mr. Henderson, has a legally recognized right (an easement) to drive across a portion of his neighbor's property to reach a public road. When Mr. Henderson sells his house to Ms. Rodriguez, Ms. Rodriguez automatically acquires this same right. She "utitur jure auctoris" because she is now exercising the exact right of access that Mr. Henderson, her predecessor in title, previously held. She doesn't need to negotiate a new easement; she simply inherits the existing one.
• Business Contract Assignment: Consider a small manufacturing company, "Precision Parts Co.," which has an exclusive contract to supply a specific component to a larger automotive firm. If Precision Parts Co. is acquired by "Global Manufacturing Inc.," Global Manufacturing Inc. typically takes over all existing contracts. Global Manufacturing Inc. then "utitur jure auctoris" by exercising the rights and fulfilling the obligations under the exclusive supply contract that Precision Parts Co., its predecessor, originally held.
• Inherited Copyright: An acclaimed photographer, Mr. Lee, holds the copyright to his extensive portfolio of iconic images. Upon his passing, his will designates his son, David, as the inheritor of all his intellectual property. David, as the successor, "utitur jure auctoris." He now possesses and can exercise all the same rights that his father, Mr. Lee (his predecessor in title), had regarding the photographs' copyright, including the right to license them, publish them, or take legal action against unauthorized use.