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NeCede's

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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