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NeCede's

Maxim 1.5.345

In whatever manner he wishes, in whatever manner he can.

Quocumque modo velit, quocumque modo possit.

Source: Wharton, III-284 Difficulty 3/5 — Intermediate

Explanation

A man may dispose of his own property or exercise his own rights by any lawful means he chooses — the law does not prescribe the method where the right itself is established.

Where this applies

  • A property owner decides to donate a portion of her land to a neighbor rather than sell it, and the law permits her to dispose of her property by whatever lawful means she chooses.
  • A testator leaves his entire estate to a charity, bypassing his relatives, and the court upholds the will because a man may dispose of his property in whatever manner he wishes.
  • A homeowner chooses to tear down an old shed rather than repair it, and no one can compel a different method because the owner has the right to deal with his own property as he sees fit.

Legal domains

See also

Cite this maxim

NeCede Max. 1.5.345 — In whatever manner he wishes, in whatever manner he can. — Wharton, III-284 (Quocumque modo velit, quocumque modo possit.)

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