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NeCede's

Maxim 1.5.226

Resignation is a spontaneous relinquishment of one’s own right.

Resignatio est juris proprii spontanea refutatio.

Source: Godb. 284; Jackson Difficulty 2/5 — Approachable

Explanation

A voluntary resignation extinguishes the right resigned — once freely relinquished, the right cannot be reclaimed absent fraud or duress in the act of resignation.

Where this applies

  • An officer resigns their position and later tries to reclaim it.
  • Someone voluntarily gives up a legal right and then wants it back.

Legal domains

Cite this maxim

NeCede Max. 1.5.226 — Resignation is a spontaneous relinquishment of one’s own right. — Godb. 284; Jackson (Resignatio est juris proprii spontanea refutatio.)

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