Skip to content
NeCede's

Maxim 1.5.199

Things which are incidents are extinguished when the principals are extinguished.

Quae accessionum locum obtinent extinguuntur cum principales res peremptae fuerint.

Source: 2 Pothier Ob. 202; Jackson Difficulty 1/5 — Foundational

Explanation

Accessory rights and obligations depend on their principal — when the main right or thing is destroyed, all incidents attached to it perish as well.

Where this applies

  • The main right is destroyed and someone tries to enforce a subsidiary right that depended on it.
  • A lease is extinguished and the sub-lessee claims they still have rights.

Legal domains

Cite this maxim

NeCede Max. 1.5.199 — Things which are incidents are extinguished when the principals are extinguished. — 2 Pothier Ob. 202; Jackson (Quae accessionum locum obtinent extinguuntur cum principales res peremptae fuerint.)

Found an error? Suggest a correction →