Legal Definitions - utitur jure privato

utitur jure privato

This Latin phrase translates to "he relies on his own private right." It describes a situation where an individual or entity acts based on their personal, individual entitlements or privileges, rather than a public duty, a right granted for a public purpose, or a right derived from a governmental role.

Here are some examples to illustrate this concept:

• Example 1: Property Ownership

  Imagine a homeowner who decides to paint their house a specific color, plant a garden in their backyard, or build a shed on their property. As long as they comply with local zoning laws and homeowner association rules, they are generally free to make these choices.

  This illustrates utitur jure privato because the homeowner is acting based on their private right to use and enjoy their personal property as they see fit, not because they are fulfilling a public obligation or exercising a right granted by the state for a collective benefit.

• Example 2: Contractual Agreements

  Consider a small business owner who has a signed contract with a supplier for a specific quantity of goods at an agreed-upon price. If the supplier later tries to increase the price without justification, the business owner can insist on the original terms.

  Here, the business owner is relying on their private right established through the contract. They are asserting their individual entitlement based on a private agreement, rather than a general law that applies to all citizens or a public duty.

• Example 3: Personal Choice and Autonomy

  An individual chooses to sell their personal vehicle to another private party. They negotiate the price and terms directly with the buyer, and the transaction is completed without government involvement beyond standard registration requirements.

  This demonstrates utitur jure privato because the individual is exercising their private right to dispose of their personal property as they deem appropriate. Their actions are driven by their personal will and ownership, not by a public mandate or a role they hold in public service.