Legal Definitions - vassallo et quibus dederit

The Latin phrase vassallo et quibus dederit translates to "to the vassal and to whomsoever he shall have given it." Historically, this term was used in feudal law, specifically within grants of land or rights from a superior (like a lord or king) to a vassal. When this phrase was included in a grant, it signified that the superior explicitly consented to the vassal transferring the granted property or rights to another party. Crucially, it also meant that the superior was legally bound to accept this new party as the legitimate holder of the property or rights, effectively recognizing the transfer.

• Example 1 (Commercial Lease)
  Imagine a large corporation leasing a prime office space. The lease agreement contains a clause stating that the tenant may assign the lease "to the tenant and to whomsoever it shall have given it," provided the new tenant meets certain financial stability criteria. This means the corporation can transfer its lease obligations and rights to another company, and the landlord is legally obligated to accept this new company as the tenant, assuming the conditions are met.

  This illustrates vassallo et quibus dederit because the landlord (superior) has pre-approved the tenant's (vassal's) right to transfer the lease (the granted item) to another party, and is bound to accept that new party.

• Example 2 (Intellectual Property License)
  A software developer grants a company an exclusive license to use and distribute their patented technology within a specific industry. The licensing agreement includes language similar to vassallo et quibus dederit, explicitly allowing the company to sell or transfer this exclusive license to another qualified technology firm. In this scenario, the original developer cannot refuse to recognize the new firm as the legitimate licensee if the transfer adheres to the agreement's terms.

  Here, the software developer (superior) has granted a right (the license) with the explicit understanding that the recipient company (vassal) can transfer it to another entity. The developer is then obligated to acknowledge the new licensee, demonstrating the core principle of the term.

• Example 3 (Historical Land Grant - Simplified)
  Centuries ago, a powerful duke granted a specific parcel of agricultural land to a knight in exchange for military service. The written grant document included the phrase vassallo et quibus dederit. Years later, the knight wished to retire and sell the land to a wealthy merchant. Because of the original grant's wording, the duke was legally required to accept the merchant as the new landholder, even though the merchant would not provide military service, as the original grant allowed for the transfer.

  This example directly reflects the historical context, showing how the duke (superior) was bound by the original grant to accept the knight's (vassal's) chosen transferee (the merchant) as the new holder of the land, due to the explicit permission to transfer embedded in the phrase.