Maxim 12.12.1
Commerce ought to be common, and not to be converted into a monopoly and the private gain of a few.
Commercia debent esse communia, non in monopolium et privatum paucorum quaestum convertenda.
Source: 3 Inst. 181, in marg.; Weisman, 35a
Difficulty 1/5 — Foundational
Explanation
The right to trade is a common right — its restriction to favored parties for their private enrichment is contrary to the public good and the common law.
Where this applies
- A few powerful companies control the entire market and nobody else can compete.
- The right to trade belongs to everyone, not just a privileged few.
- Monopolies restrict commerce that should be open and common.
Legal domains
See also
Cite this maxim
NeCede Max. 12.12.1 — Commerce ought to be common, and not to be converted into a monopoly and the private gain of a few. — 3 Inst. 181, in marg.; Weisman, 35a (Commercia debent esse communia, non in monopolium et privatum paucorum quaestum convertenda.)
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