英文法律词典 J-18

JUS GLADII. Supreme jurisdiction. The right to absolve from, or condemn a man to death.

JUS HABENDI. The right to have and enjoy a thing.

JUS INCOGNITUM. An unknown law. This term is applied by the civilians to obsolete laws, which, as Bacon truly observes, are unjust, for the law to be just must give warning before it strikes. Bac. Aphor. 8, s. 1: Bowy. Mod. Civ. Law, 33. But until it has become obsolete no custom can prevail against it. Vide Obsolete.

JUS LEGITIMUM, civil law. A legal right which might have been enforced by due course of law.. 2 Bl. Com. 328.

JUS MARITI, Scotch law. The right of the hushand to administer, during the marriage, his wife's goods and the rents of her heritage.

2. In the common law, by jus mariti is understood the rights of the hushand; as, jus mariti cannot attach upon a bequest to the wife, although given during coverture, until the executor has assented to the legacy. 1 Bail. Eq. R. 214.

JUS MERUM. A simple or bare right; a right to property in land, without possession, or the right of possession.

JUS PATRONATUS, eccl. law. A commission from the bishop, directed usually to his chancellor and others of competent learning, who are required to summon a jury composed of six clergymen and six laymen, to inquire into and examine who is the rightful patron. 3 Bl. Com. 246.

JUS PERSONARUM. The right of persons.

2. A branch of the law which embraces the theory of the different classes of men who exist in a state which has been formed by nature or by society; it includes particularly the theory of the ties of families, and the legal form and juridical effects of the relations subsisting between them. The Danes, the English, and the learned in this country, class under this head the relations which exist between men in a political point of view. Blackstone, among others, has adopted this classification. There seems a confusion of ideas when such matters are placed under this head. Vide Bl. Com. Book 1.

JUS PRECARIUM, civil law. A right to a thing held for another, for which there was no remedy. 2 Bl. Com. 328.

JUS POSTLIMINII, property, title. The right to claim property after re-capture. Vide, Postliminy; Marsh. Ins. 573; 1 Kent, Com. 108. Dane's Ab. Index, h. t.

JUS PROJICIENDI, Civil law. The name of a servitude; it is the right which the owner of a building has of projecting a part of his building towards the adjoining house, without resting on the latter. It is extended merely over the ground. Dig. 50, 16, 242, 1; Dig. 8, 2, 25; Dig. 8, 5, 8, 5.

JUS PROTEGENDI, 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, 16, 242, 1 Dig. 8, 2, 25; Dig. 8, 5, 8, 5.

JUS QUAESITUM. A right to ask or recover; for example, in an obligation there is a binding of the obligor, and a jus quaesitum in the obligee. 1 Bell's Com. 323, 5th ed.