Civil Law
Updated 29th May 2025
Jus Disponendi
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Jus Disponendi is a Latin legal term meaning "the right of disposal" or "the right to alienate." It refers to an owner's fundamental right to transfer, sell, give away, or otherwise dispose of their property.

This right is considered one of the core attributes of ownership, along with:

  • Jus utendi (the right to use)
  • Jus fruendi (the right to enjoy the fruits/profits)
  • Jus abutendi (the right to consume or destroy)

In practical terms, jus disponendi allows property owners to:

  • Sell their property
  • Gift it to others
  • Transfer it through inheritance
  • Mortgage or pledge it as security
  • Lease or rent it out
  • Abandon it

This right can be limited by law in certain circumstances, such as:

  • Legal restrictions on selling certain types of property
  • Court orders (like injunctions or liens)
  • Contractual obligations
  • Public policy considerations

The concept is particularly important in civil law systems but is also recognized in common law jurisdictions, though it may be expressed differently. It's a fundamental principle that underlies most modern property law systems and commercial transactions.