Legal Definitions - habere licere

Definition: Habere licere is a Latin term used in Roman law that means "to allow to have." It refers to a seller's duty to guarantee a purchaser's right to possess and enjoy property without any disturbance. If the purchaser is evicted, they can raise an action on the stipulation or, under Justinian, an actio ex empto against the seller.

• When John bought a house, the seller included a habere licere clause in the contract, which ensured that John had the right to possess and enjoy the property without any disturbance.
• Under habere licere, if the previous owner of the property tries to evict John, he can take legal action against the seller to get compensation for the loss of the property.

These examples illustrate how habere licere protects the purchaser's right to possess and enjoy the property they have bought. It also ensures that the seller is responsible for any eviction that may occur after the sale.