Legal Definitions - labes realis quae rei inhaeret

LABES REALIS QUAE REI INHAERET

Labes realis quae rei inhaeret is a Latin term used in Scots law. It refers to a real defect that is attached to a thing. This means that the defect is a part of the thing and cannot be separated from it.

One example of labes realis is theft. If someone steals an object and then sells it to another person, the new owner still has a labes realis in their possession. This means that even if they bought the object in good faith, the true owner can still reclaim it because the defect of theft is attached to the object.

Another example of labes realis is a property that has a legal dispute attached to it. If someone buys a property that is being disputed in court, they still have a labes realis in their possession. This means that even if they bought the property in good faith, the true owner can still reclaim it because the defect of the legal dispute is attached to the property.

Labes realis is a legal concept that helps to protect the rights of true owners. It means that even if someone buys an object or property in good faith, they cannot keep it if there is a defect attached to it. This defect is a part of the thing and cannot be separated from it. The examples illustrate how labes realis works in practice and how it can be used to protect the rights of true owners.