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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