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NeCede's

Maxim 1.5.62

There is no exception of that thing of which the dissolution is sought.

Exceptio ejus rei cujus petitur dissolutio nulla est.

Source: Jenk. Cent. 37; Jackson Difficulty 2/5 — Approachable

Explanation

A party who seeks to dissolve an obligation cannot simultaneously claim an exception under it — one cannot destroy a thing and shelter beneath it at the same time.

Where this applies

  • A party trying to void a contract claims an exception under that same contract.
  • Someone seeks to destroy an agreement while also claiming rights under it.

Legal domains

Cite this maxim

NeCede Max. 1.5.62 — There is no exception of that thing of which the dissolution is sought. — Jenk. Cent. 37; Jackson (Exceptio ejus rei cujus petitur dissolutio nulla est.)

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