Maxim 1.5.231
It is according to nature that the advantages of anything should attach to him to whom the disadvantages attach.
Secundum naturam est, commoda cujusque rei eum sequi, quem sequuntur incommoda.
Source: D. 50, 17, 10; Jackson
Difficulty 1/5 — Foundational
Explanation
He who bears the burdens of ownership is entitled to its benefits — risk and reward travel together, and the law does not separate them.
Where this applies
- A property owner wants to enjoy the profits but avoid all the risks.
- Someone takes the benefits of a partnership but refuses to share the losses.
Legal domains
Cite this maxim
NeCede Max. 1.5.231 — It is according to nature that the advantages of anything should attach to him to whom the disadvantages attach. — D. 50, 17, 10; Jackson (Secundum naturam est, commoda cujusque rei eum sequi, quem sequuntur incommoda.)
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