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.)
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