Scottish National Dictionary (1700–)
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First published 1952 (SND Vol. III).
This entry has not been updated since then but may contain minor corrections and revisions.
DELECTUS PERSONAE, n. comb. Sc. law: the right of selection of a particular person to occupy any specific position, e.g. as tenant in a lease or as partner in a firm; “important in a legal sense as preventing assignation or delegation of a duty by the person chosen” (Sc. 1946 A. D. Gibb Legal Terms 28).Sc. 1754 J. Erskine Princ. Law Scot. ii. vi. 13:
Tacks necessarily imply a delectus personae, a choice by the heritor, of a proper person for his tenant.Sc. 1890 Bell Dict. Law Scot. 307:
Under the contract of society, there is an implied delectus personae inseparable from the nature of the contract, which bars the admission of new partners, either by succession or by alienation, unless the contract contain an express stipulation entitling the heirs of partners to succeed to their predecessor's share in the concern, or empowering the partners themselves to assign their shares.
