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NeCede's

Maxim 2.4.18

A fact does not necessarily constitute a right.

Source: Branch, Max. 15; Weisman, 77t Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The mere existence of a state of affairs does not create a legal right — possession alone does not make ownership, and practice alone does not make law unless it meets the requirements of custom or prescription.

Where this applies

  • A squatter occupies an abandoned building for several years and claims ownership, but the court holds that mere possession does not automatically create a right of ownership without meeting all prescriptive requirements.
  • A company has been polluting a river for decades without objection, and argues that the long practice gives it the right to continue, but the court holds that the mere fact of ongoing pollution does not create a legal right.
  • A political party has always held a majority in a legislature and claims an inherent right to control committee appointments, but the court rules that historical dominance is a fact, not a legal right.

Legal domains

Cite this maxim

NeCede Max. 2.4.18 — A fact does not necessarily constitute a right. — Branch, Max. 15; Weisman, 77t

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