Maxim 1.5.168
No one is considered entitled to recover that which he must give up to another.
Non videtur quisquam id capere, quod ei necesse est alii restituere.
Source: D. 50, 17, 51; Jackson; Weisman, 94l
Difficulty 1/5 — Foundational
Explanation
The law does not permit a futile recovery — if a party must immediately surrender what he obtains, he has no real interest worth pursuing.
Where this applies
- A party wins money in court but must immediately turn it over to someone else.
- A lawsuit would result in a recovery that the winner cannot keep.
Legal domains
Cite this maxim
NeCede Max. 1.5.168 — No one is considered entitled to recover that which he must give up to another. — D. 50, 17, 51; Jackson; Weisman, 94l (Non videtur quisquam id capere, quod ei necesse est alii restituere.)
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