Maxim 1.5.107
In the whole a part is also contained.
In toto et pars continetur.
Source: D. 50, 17, 113; Jackson
Difficulty 3/5 — Intermediate
Explanation
He who has the whole necessarily has every part — a grant of the entirety includes all its constituent elements.
Where this applies
- A property owner claims they own the whole, including a specific portion someone else claims.
- Someone who has the entirety of a right necessarily has every part of it.
Cite this maxim
NeCede Max. 1.5.107 — In the whole a part is also contained. — D. 50, 17, 113; Jackson (In toto et pars continetur.)
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