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NeCede's

Maxim 11.4.2

Custom is sustained by its own force through continuance.

Consuetudo robore suo sustinetur.

Source: Cf. Mann v. Mann's Ex'rs, 1 Johns. Ch. (N.Y.) 231, 237; 2 Bl. Comm. 263 Difficulty 2/5 — Approachable

Explanation

A practice that persists without interruption gathers legal force — continuity itself is evidence of right.

Where this applies

  • A long-standing practice should be recognized as having legal force.
  • We've been doing it this way for generations and that continuous custom has legal weight.
  • Uninterrupted custom sustains itself — continuity is evidence of right.

Legal domains

proceduralproperty

See also

Cite this maxim

NeCede Max. 11.4.2 — Custom is sustained by its own force through continuance. — Cf. Mann v. Mann's Ex'rs, 1 Johns. Ch. (N.Y.) 231, 237; 2 Bl. Comm. 263 (Consuetudo robore suo sustinetur.)

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