Maxim 1.5.206
He who succeeds to the right or property of another ought to be clothed with his right.
Qui in jus dominiumve alterius succedit jure ejus uti debet.
Source: D. 50, 17, 177; Jackson
Difficulty 2/5 — Approachable
Explanation
A successor in interest takes the right exactly as the predecessor held it — he steps into the same legal position, with the same powers and the same limitations.
Where this applies
- Someone inherits a property right and claims they have more power over it than the prior owner.
- A successor tries to exercise rights the predecessor never had.
Cite this maxim
NeCede Max. 1.5.206 — He who succeeds to the right or property of another ought to be clothed with his right. — D. 50, 17, 177; Jackson (Qui in jus dominiumve alterius succedit jure ejus uti debet.)
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