Maxim 1.7.39
Although alienation be prohibited, yet by the consent of all those in whose favour it is prohibited it may take place; for it is in the power of every man to renounce a law made in his own favour.
Alienatio licet prohibeatur, consensu tamen omnium in quorum favorem prohibita est potest fieri.
Source: Co. Litt. 98; Jackson
Difficulty 1/5 — Foundational
Explanation
A restriction on alienation may be waived by the unanimous consent of those the restriction was designed to protect — every person has the right to renounce a benefit conferred for his own advantage.
Where this applies
- A restriction on selling property is waived by everyone it was designed to protect.
- All beneficiaries of a restrictive covenant agree to release it.
Legal domains
Cite this maxim
NeCede Max. 1.7.39 — Although alienation be prohibited, yet by the consent of all those in whose favour it is prohibited it may take place; for it is in the power of every man to renounce a law made in his own favour. — Co. Litt. 98; Jackson (Alienatio licet prohibeatur, consensu tamen omnium in quorum favorem prohibita est potest fieri.)
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