Warning

Info

LSDefine

Simple English definitions for legal terms

vitium reale

Read a random definition: cumulative stock

A quick definition of vitium reale:

Vitium reale is a Latin term that means "true error." It refers to a problem with a title that makes it impossible to transfer ownership of something. If someone has something that was stolen, even if they didn't know it was stolen when they got it, they can't keep it. The true owner can take it back. This is because there is something wrong with the title that makes it impossible to transfer ownership. There are some exceptions, like with money and bank notes, but in general, if something was stolen, it can't be kept by someone who didn't own it in the first place.

A more thorough explanation:

Vitium reale is a Latin term that means "true error." In historical and Scottish law, it refers to a defect in a title that makes movable property nontransferable. Specifically, it is an inherent flaw in the title of anyone who possesses stolen property, even if they acquired it honestly. This flaw prevents the possessor from conferring a good title on anyone else, even if they took the property in good faith and without knowledge of the theft. The true owner can reclaim the property or receive compensation for it.

If someone steals a car and sells it to an unsuspecting buyer, the buyer may have acquired the car in good faith, but the inherent vitium reale in the title means that they do not have a good title to the car. The true owner can reclaim the car or receive compensation for it.

However, there are exceptions to the rule of vitium reale. Money, banknotes, and negotiable instruments are not affected by this flaw, so if someone steals money and uses it to buy something, the buyer who receives the stolen money as payment can keep the item they bought.

These examples illustrate how vitium reale works in practice. It ensures that stolen property can be returned to its rightful owner, even if it has passed through several hands. However, it also recognizes that certain types of property, such as money, have a different status and can be transferred even if they were obtained through theft.

vitium clerici | vitium scriptoris

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
19:12
My crypto also flows in 5 day epochs too.
19:16
what do you do with your days as an unemployed crypto guy? do you play an instrument or something
19:47
please lawd
19:47
forgive me
19:47
its time to go back to tha old me
19:50
this is what i feel like when i get one single drill question right
19:50
when u get one wrong ;(
therapist slander detected
1a2b3c4d26z
20:37
Anyone got any polymarket locks
1a2b3c4d26z
20:37
Is anyone in here cool like fr cool
1a2b3c4d26z
20:37
Like watch college football cool
1a2b3c4d26z
20:37
Or like
1a2b3c4d26z
20:38
Frat
1a2b3c4d26z
20:39
Sorry guys I'm bored trying to get my Berkeley essay to 4 pages
20:40
no way they want four pages that’s crazy
20:41
bitches wanna be different sooo bad 😴
1a2b3c4d26z
20:42
Technically they want 3 to be completely fair to the powers that be, so I'm really trying to push out to 3
1a2b3c4d26z
20:42
But it's 1/2 inch margins
20:44
assuming it was 2 already, you’ve totally got 3 double spaced pages in you
20:45
should I watch the quirky umich dean videos? i feel like all of you have seen them except me but I can’t work up any enthusiasm for the idea
1a2b3c4d26z
20:54
I like Dean Z not sure why she gets slandered sometimes
1a2b3c4d26z
20:54
I would say yeah, they're helpful. But they can verge on unproductive and stress-inducing if you watch enough of them (especially the application read-through ones)
21:07
okay I’ll check them out
21:40
hey so where do i see my LSAC GPA bc i know they calculate it differently
21:40
sorry new to dis
You can calculate it here
LSD+ is ad-free, with DMs, discounts, case briefs & more.