Legal Definitions - virtute cujus

Virtute cujus is a Latin phrase that translates to "by virtue of which" or "by reason of which." Historically, it was used in legal contexts to indicate that a particular action, right, or consequence was directly justified, enabled, or caused by a preceding legal authority, power, or circumstance. Essentially, it explains the legal basis or source of an action.

• Example 1: Contractual Obligation

  Imagine a tenant who has signed a lease agreement for an apartment. If the tenant fails to pay rent for several months, the landlord has the legal right to begin eviction proceedings. The landlord's ability to initiate these proceedings exists virtute cujus (by virtue of which) the signed lease agreement outlines the tenant's obligation to pay rent and the landlord's right to seek remedies for non-payment. The contract provides the legal foundation for the landlord's action.

• Example 2: Statutory Authority

  Consider a state environmental protection agency that issues a new regulation requiring factories to install specific pollution control equipment. The agency's power to create and enforce such a regulation exists virtute cujus (by virtue of which) the state legislature passed a law granting the agency broad authority to protect the environment. This foundational law is the legal source of the agency's regulatory power.

• Example 3: Corporate Governance

  Suppose a company's Board of Directors votes to approve a significant acquisition of another business. The Board's authority to make such a binding decision on behalf of the corporation exists virtute cujus (by virtue of which) the company's articles of incorporation and bylaws define the powers and responsibilities of the Board. These foundational corporate documents empower the Board to act in this capacity.