Maxim 1.5.180
Every privation presupposes former enjoyment.
Omnis privatio praesupponit habitum.
Source: Co. Litt. 339; Jackson
Difficulty 3/5 — Intermediate
Explanation
Before a right can be taken away, it must first have existed — a claim of deprivation requires proof that the claimant once possessed the thing of which he says he has been deprived.
Where this applies
- Someone claims their rights were taken away but cannot show they ever had those rights.
- A party alleges they lost property they never possessed in the first place.
Legal domains
Cite this maxim
NeCede Max. 1.5.180 — Every privation presupposes former enjoyment. — Co. Litt. 339; Jackson (Omnis privatio praesupponit habitum.)
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