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Delectus personae meaning
Published by a LexisNexis Property expert
What does Delectus personae mean?
Delectus personae describes the right to insist on a specific person for a role or contractual relationship chosen for their identity or qualities. Where a contract or appointment is personal in this way, the other party cannot assign, substitute or delegate performance without consent, and any transfer will usually pass only economic rights, not management rights or duties, unless and until there is consent or novation.
The expression is Latin and descriptive rather than a statutory term. It is recognised across common law and Scots law through case law and standard doctrine. Typical uses include: selecting a particular tenant under a lease (with alienation/assignment controlled by the lease terms and any applicable statutory reasonableness regimes); admitting or replacing a partner in a firm (partnership law embodies delectus personae, so membership is by consent and an assignee of a share takes profits but no managerial rights); and personal or fiduciary appointments such as agents, directors and trustees, where duties are to be performed personally unless validly delegated.
Usage and effect are broadly consistent across England and Wales, Scotland (where “assignation” and “delegation” are the relevant terms), Northern Ireland and Ireland. Practically, parties should draft expressly for consent to assign, sub-let, substitute or delegate...
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View the related Practice Notes about Delectus personae
PRACTICE NOTES
Assignation and Subletting in Scottish Commercial Leases: Consent, Reasonableness, Financial Standing, Reverse Premiums, Disputes, Remedies and Continuing Liability
This Practice Note explores the difference between assignation and subletting of commercial leases in Scotland, the requirement for a landlord’s consent, and the respective remedies available to a landlord and a tenant where the other party breaches its obligations under the lease concerning assignation or subletting. It relates exclusively to commercial leases in Scotland and does not deal with residential or social housing tenancy arrangements. Assignation and subletting Assignation and subletting are two avenues a tenant may use to introduce a new tenant into the lease arrangement. The tenant might opt for these avenues because it no longer needs to occupy the premises (or a portion thereof) yet is not entitled under the lease terms to terminate. This Practice Note considers the contentious issues that can arise when a tenant asks its landlord to approve an assignation or a sublease. The principal difference between assignation and sublease is the degree to which the tenant’s responsibilities under the lease are transferred. As further addressed in this Practice Note: ...
21 May
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PRACTICE NOTES
Scots Property Law Glossary: Key Terms with England and Wales Equivalents, Registers, Land Registration and Conveyancing Practice
This glossary outlines commonly used terms and phrases in Scottish property law, together with the closest England and Wales equivalents (where appropriate), and signposts guidance on differences between Scottish property transactions and law, as well as useful property-related websites. A non domino disposition Meaning A disposition granted by someone with no title to the property. Formerly, this could regularise a defective title where, after registering a non domino disposition, the grantee possessed the property openly, peaceably and without judicial interruption for ten years. Since 8 December 2014, with the commencement of the Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012), a party seeking to obtain title to land where no owner can be traced must comply with the prescriptive claimant provisions in LRE(S)A 2012, ss 43–45 before submitting an a non domino disposition for registration. Nearest English equivalent None, although possessory title is similar. Action of specific implement Meaning A court action seeking an order compelling a party to perform a specified...
21 May
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