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NeCede's

Maxim 2.4.11

Anyone may renounce a right introduced for his own benefit.

Quilibet potest renunciare juri pro se inducto.

Source: Bouvier, Max.; Weisman, 77d Difficulty 3/5 — Intermediate

Explanation

A man may waive a right that exists for his personal benefit, but only voluntarily and with knowledge — the waiver of a right cannot be compelled or presumed.

Where this applies

  • A defendant in a civil case knowingly waives his right to a jury trial and agrees to have a judge decide the case instead.
  • A homeowner voluntarily agrees to an easement across her property, renouncing her exclusive right of possession over that strip for her neighbor's benefit.
  • A creditor releases a debtor from a contractual obligation, voluntarily giving up a right that existed solely for the creditor's financial protection.

Legal domains

See also

Cite this maxim

NeCede Max. 2.4.11 — Anyone may renounce a right introduced for his own benefit. — Bouvier, Max.; Weisman, 77d (Quilibet potest renunciare juri pro se inducto.)

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