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NeCede's

Maxim 1.5.77

Navigable rivers and ports are public; therefore the right of fishing there is common to all.

Flumina et portus publica sunt, ideoque jus piscandi omnibus commune est.

Source: Jackson Difficulty 2/5 — Approachable

Explanation

Navigable waters are held in common for the benefit of all the People — no private party may monopolize what belongs by nature to the public.

Where this applies

  • A private company tries to claim exclusive fishing rights in a navigable river.
  • Someone fences off a public waterway and says it belongs to them.

Legal domains

proceduralproperty

Cite this maxim

NeCede Max. 1.5.77 — Navigable rivers and ports are public; therefore the right of fishing there is common to all. — Jackson (Flumina et portus publica sunt, ideoque jus piscandi omnibus commune est.)

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