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NeCede's

Maxim 1.3.8

Custom can neither arise from nor be destroyed by a wrong.

Consuetudo neque injuria oriri neque tolli potest.

Source: Lofft 340; Jackson 157; Weisman, 27m Difficulty 2/5 — Approachable

Explanation

An unlawful practice, no matter how long continued, never ripens into a binding custom — illegality at the root destroys the claim.

Where this applies

  • An illegal practice has been going on for years, and someone claims it has become custom.
  • A party argues that a longstanding violation of law has ripened into an enforceable right.

Legal domains

See also

Cite this maxim

NeCede Max. 1.3.8 — Custom can neither arise from nor be destroyed by a wrong. — Lofft 340; Jackson 157; Weisman, 27m (Consuetudo neque injuria oriri neque tolli potest.)

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