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Simple English definitions for legal terms

vitium reale

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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

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BulbasaurNoLikeCardio
15:44
Well so far Vandy is highest ranked I went for, hopefully they like me. Its not really the academics/rigor. Following rules and meeting standard is easy it is the competition for class rank and with other students that I think would be my greatest struggle
JumpySubsequentDolphin
15:45
but doesn’t grade inflation at the top schools almost make it easier to get higher grades than it does at >t14
babycat
15:45
@info-man: agreed
babycat
15:48
just my opinion but grade inflation is probably more of an undergrad thing since law school grades tend to be on a curve
shaquilleoatmeal
15:49
Leaving the office just now and this chic is blasting glorilla in the elevator...doesn't match our work location vibe lmao
shaquilleoatmeal
15:49
shits gonna be stuck in my head all night now
glovediedthisishismom
15:50
northwestern has a dude with a murder charge in their class this year dont they
shaquilleoatmeal
15:50
what^^
shaquilleoatmeal
15:50
no way
HopefullyInLawSchool
15:50
2 next year
glovediedthisishismom
15:50
google it shaq some dude got his degree in prison and is now at nw
HopefullyInLawSchool
15:50
Bro is studying to beat the charges
shaquilleoatmeal
15:52
While representing himself in court, McKinley's sentence was reduced from 100 years to 25, a sentence he served in full. While still incarcerated, he took the LSAT, or Law School Admission Test, and applied to law school - no shit, thats impressive how much he lowered his sentence being pro say
JumpySubsequentDolphin
15:52
@HopefullyInLawSchool: that made me lol
babycat
15:52
there was a convicted rapist admitted to some southern law school not too long ago
shaquilleoatmeal
15:53
smh
glovediedthisishismom
15:53
fun fact gangs specifically have all their shooters be 12-16 year olds so they can go to juvee and get their charges sealed like nothing happened
shaquilleoatmeal
15:56
yo, what should i pick up for dinner?? Cava or Sweetgreen
glovediedthisishismom
15:56
sweetgreen
glovediedthisishismom
15:56
i wish i had one close to me
babycat
15:56
shaq how did your date with Uber girl go?
soyalmondoatmilk
15:57
OMG I LOVE SWEETGREEN
shaquilleoatmeal
15:57
lmaooo oh man i gotta find a way to make a long story short - sg it is ! What do you guys usually get? I'm tired of my same old same old
soyalmondoatmilk
15:57
i love the harvest bowl
soyalmondoatmilk
15:57
their salmon is good too
shaquilleoatmeal
15:58
@babycat: you gonna be on later tonight? i gotta get home, shower, and then I can hop back on and give you the break down lmao
shaquilleoatmeal
15:58
i dont know how much i trust salmon from quick take out spots so i've never tried it there. Harvest bowl is OG and always good for when you need a quick decision
soyalmondoatmilk
15:59
that's so fair. i love their roasted sweet potatoes and spicy cashew dressing--highly recommend
babycat
16:00
@shaquilleoatmeal: I’ll stop by just for you. I gotta grind out some of my last essays tn.
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