Maxim 1.5.172
No one is to be esteemed a wrongdoer who merely avails himself of his legal rights.
Nullus videtur dolo facere qui suo jure utitur.
Source: D. 50, 17, 55; Jackson
Difficulty 2/5 — Approachable
Explanation
The lawful exercise of a right is not actionable, even if it causes incidental harm to another — a man standing on his own right commits no wrong.
Where this applies
- A person exercises their legal right and someone sues them for the harm it causes.
- A property owner uses their own land in a lawful way and a neighbor complains.
Legal domains
Cite this maxim
NeCede Max. 1.5.172 — No one is to be esteemed a wrongdoer who merely avails himself of his legal rights. — D. 50, 17, 55; Jackson (Nullus videtur dolo facere qui suo jure utitur.)
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