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NeCede's

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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