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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