Maxim 12.12.16
It is natural that he who bears the charge of a thing should receive the profits.
Source: Dig. 50, 17, 10; Weisman, 35u
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) He who bears the expense and burden of maintaining a thing is naturally entitled to its fruits — the law connects the duty of care to the right of profit.
Where this applies
- A farmer who pays all the taxes, insurance, and upkeep on a piece of land is entitled to harvest and sell the crops it produces.
- A property manager who bears all the maintenance costs and liability for an apartment building is entitled to collect the rental income.
- A horse breeder who feeds, shelters, and veterinarians a mare at his own expense is entitled to the profit when her foal is sold.
Legal domains
Cite this maxim
NeCede Max. 12.12.16 — It is natural that he who bears the charge of a thing should receive the profits. — Dig. 50, 17, 10; Weisman, 35u
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