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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