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Understanding Incorporalia Bello Non Adquiruntur in International Law
Definition & Meaning
The term "incorporeal things are not acquired in war" refers to a principle in international law that states that intangible assets, such as rights or privileges, cannot be taken or gained through acts of war. This means that individuals retain their incorporeal rights, which are rights that do not have a physical form, even during conflicts. These rights are considered personal and cannot be treated as property that can be seized or transferred through warfare.
Table of content
Legal Use & context
This principle is primarily used in international law, particularly in discussions surrounding the laws of war and armed conflict. It emphasizes that while physical property can be seized during war, rights that are not tied to physical objects remain intact. This concept is relevant in various legal areas, including:
International law
Property law
Human rights law
Users may encounter this principle when dealing with legal documents related to property rights, international treaties, or human rights claims. US Legal Forms provides templates that can assist users in navigating these legal matters.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person holds a copyright to a book. Even if their country goes to war, the copyright remains with them and cannot be taken away by the opposing side.
Example 2: A company has a patent for a technology. During a conflict, the patent rights are still valid, and the company retains ownership despite the war (hypothetical example).
Comparison with related terms
Term
Definition
Key Difference
Incorporeal rights
Rights that do not have a physical form.
Cannot be seized in war.
Corporeal property
Physical property that can be owned.
Can be taken during war.
Common misunderstandings
What to do if this term applies to you
If you believe your incorporeal rights may be affected by a conflict, it's important to understand your rights fully. Consider the following steps:
Document your rights and any related agreements.
Consult legal resources or professionals for guidance.
Explore US Legal Forms for templates that can help you manage your rights effectively.
In complex situations, seeking professional legal assistance is advisable.
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