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NeCede's

Maxim 12.6.8

In cases of extreme necessity, all things are in common.

In casu extremae necessitatis, omnia sunt communia.

Source: Hale, P.C. 54; Weisman, 83g Difficulty 2/5 — Approachable

Explanation

At the extremity of need — shipwreck, famine, imminent peril — private property gives way to the common right of survival, and the taker is excused by the emergency.

Where this applies

  • In a life-or-death emergency, private property gives way to the common right of survival.
  • Extreme necessity makes all things common — the taker is excused by the emergency.
  • At the point of famine or shipwreck, normal property rules are suspended.

Legal domains

See also

Cite this maxim

NeCede Max. 12.6.8 — In cases of extreme necessity, all things are in common. — Hale, P.C. 54; Weisman, 83g (In casu extremae necessitatis, omnia sunt communia.)

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