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.
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.)
Found an error? Suggest a correction →