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NeCede's

Maxim 1.2.9

When in doubt, do not act; but a common error sometimes passes into law.

Quod dubitas, ne feceris; communis error facit jus.

Source: Broom, Max. 139; Co. Litt. 186a Difficulty 3/5 — Intermediate

Explanation

A long-standing and universal mistake of law may, over time, acquire the force of law through common acceptance — but fresh doubts should be resolved by inaction, not innovation.

Where this applies

  • A widespread legal error has been followed for so long that people rely on it.
  • Everyone has been interpreting a law incorrectly for decades, and now someone challenges it.

Legal domains

See also

Cite this maxim

NeCede Max. 1.2.9 — When in doubt, do not act; but a common error sometimes passes into law. — Broom, Max. 139; Co. Litt. 186a (Quod dubitas, ne feceris; communis error facit jus.)

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