Skip to content
NeCede's

Maxim 1.3.14

From unwritten sources comes that law which use has sanctioned.

Ex non scripto jus venit quod usus comprobavit.

Source: Inst. 1.2.9; Dig. 1.3.35; Jackson 245 Difficulty 2/5 — Approachable

Explanation

The unwritten law — proved by long and uniform practice — is as binding as any statute, and in the common law tradition it is the more ancient authority.

Where this applies

  • An unwritten legal tradition is challenged because it was never passed by a legislature.
  • Someone argues that only written statutes can be law, ignoring customary rules.

Legal domains

See also

Cite this maxim

NeCede Max. 1.3.14 — From unwritten sources comes that law which use has sanctioned. — Inst. 1.2.9; Dig. 1.3.35; Jackson 245 (Ex non scripto jus venit quod usus comprobavit.)

Found an error? Suggest a correction →