Maxim 2.4.26
Right is threefold,-of property, of possession, and of possibility.
Source: Black's, 681; Weisman, 86f
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Right exists in three forms: the right of ownership (property), the right of actual holding (possession), and the right of future claim (possibility) — correctly identifying which type of right is at issue is essential to selecting the proper remedy.
Where this applies
- A landowner has the deed to a property (right of property), his tenant currently occupies it (right of possession), and a potential heir has a future claim if the landowner dies intestate (right of possibility) — each is a distinct type of right requiring a different remedy.
- A creditor holds a promissory note giving him the right of property in the debt, the debtor currently possesses the money, and a guarantor has a contingent right of possibility to recover from the debtor — the court must identify which right is at issue to fashion the proper remedy.
- An inventor holds a patent (right of property), a licensee currently uses the technology (right of possession), and a potential assignee has a contingent option to acquire the patent (right of possibility).
Legal domains
Cite this maxim
NeCede Max. 2.4.26 — Right is threefold,-of property, of possession, and of possibility. — Black's, 681; Weisman, 86f
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