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NeCede's

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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