Any one may waive or renounce the benefit of a principle or rule of law that exists only for his protection.

Explanation

(English-origin maxim.) A party may voluntarily waive any legal protection that exists solely for his own benefit — but the waiver must be knowing and voluntary, and rights that protect the public generally cannot be waived by an individual.

Where this applies

• A criminal defendant waives his right to remain silent and voluntarily confesses, and the court accepts the waiver because the right against self-incrimination exists solely for the defendant's protection.
• A patent holder agrees not to enforce his patent against a particular manufacturer, voluntarily waiving his exclusive right for a business reason.
• A beneficiary of a trust provision that protects her from creditors voluntarily waives that protection in order to pledge trust assets as collateral for a loan.