Maxim 2.4.17
He will not be considered as using force who exercises his rights and proceeds by forms of law.
Source: Dig. 50, 17, 155, 1; Weisman, 77s
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) One who pursues his rights through proper legal channels is not considered to be using force — lawful process, even if coercive in effect, is not wrongful compulsion.
Where this applies
- A creditor files a lawsuit and obtains a court judgment to garnish a debtor's wages, and the debtor cannot claim duress because the creditor used lawful legal process.
- A property owner records a lien and initiates foreclosure proceedings through proper legal channels, and the debtor cannot claim the owner is using force because lawful process is not compulsion.
- A landlord serves a proper eviction notice and obtains a court order for removal, and the tenant cannot claim the landlord is using force because following established legal procedures is not wrongful coercion.
Legal domains
Cite this maxim
NeCede Max. 2.4.17 — He will not be considered as using force who exercises his rights and proceeds by forms of law. — Dig. 50, 17, 155, 1; Weisman, 77s
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