Category: J

The right of property, as distinguished from the jus pos- sessionis, or right of possession. Bract, fol. 3. Called by Bracton “jus mcrum,” the mere right. Id.; 2 Bl. Comm. 197; 3 Bl. Comm. 19, 170.

The right of a third party. A tenant, bailee, etc., who pleads that the title is in some person other than his landlord, bailor, etc., is said to set up a jus tertii. Jus testamentornm pertinet ordinario.

In the civil law, The name of a servitude. It is a right by which a part of the roof or tiling of one house is made to extend over the adjoining house. Dig. 50, 10, 242, 1; Id. 8, 2, 25; Id. 8, 5, 8, 5.

In Roman law. A name applied to the Roman law of wills, in the time of Justinian, on account of its threefold derivation, viz., from the pra:- torian edict, from the civil law, and from the imperial constitutions. Maine, Anc. Law, 207. Jus triplex est,

In the civil law. The discretion of the prator, as distinct from the leges, or standing laws. 3 Bl. Comm. 49. That kind of law which the pr;etors introduced for the purpose of aiding, supplying, or correcting the civil law for the public benefit. Dig. 1, 1, 7. Called, also, “jus honorarium,” (q. v.)

In Roman law. A right or privilege allowed to the parent of three or more children. 2 Kent, Comm. 85; 2 Bl. Comm. 247. These privileges were an exemption from the trouble of guardianship, priority in bearing offices, and a treble proportion of corn. Adams, Bom. Ant. (Am. Ed.) 227.

In Roman law, the right of rescission or revocation of an executory contract 011 failure of the other party to fulfill his part of the agreement. See Mackeld. Rom. Law,

The right to use property without destroying its substance. It is employed in contradistinction to the jus abutendi. 3 Toullier, no. 86.

Public law, or the law relating to the constitution and functions of government and its officers and the administration of criminal justice. Also public ownership, or the paramount or sovereign territorial right or title of the state or government. See Jus PRIVATUM. Jus publicum et privatum quod ex natnralibus prrcceptis aut gentium aut civilibus est collectum; et quod in jure scripto jus appellatur, id in lege An- glise rectum esse dicitur. Co. Litt. 185. Public and private law is that which is collected from natural principles, either of nations or in states; and that which in the civil law is called “jus.” in the law of England is said to be “right.” Jus publicum privatorum pactis mn- tari non potest. A public law or right cannot be altered by the agreements of private persons.