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NeCede's

Maxim 1.5.188

Many partners are as one body, inasmuch as they have one right, and it is necessary that the body be perfect, and that there be defect in no part.

Participes plures sunt quasi unum corpus, in eo quod unum jus habent, et oportet quod corpus sit integrum et quod in nulla parte sit defectus.

Source: Co. Litt. 164; Jackson Difficulty 2/5 — Approachable

Explanation

Joint owners or partners must act as a single body with respect to their shared right — a defect affecting any one partner may defeat the interest of all.

Where this applies

  • Joint owners of property disagree and one of them has a legal defect in their title.
  • Partners must act together, and a problem with one partner's status affects all.

Legal domains

Cite this maxim

NeCede Max. 1.5.188 — Many partners are as one body, inasmuch as they have one right, and it is necessary that the body be perfect, and that there be defect in no part. — Co. Litt. 164; Jackson (Participes plures sunt quasi unum corpus, in eo quod unum jus habent, et oportet quod corpus sit integrum et quod in nulla parte sit defectus.)

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