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NeCede's

Maxim 2.4.28

He is not deemed to use force who exercises his own right, and proceeds by ordinary action.

Source: Dig. 50, 17, 155, 1; Weisman, 86i Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A person who exercises his lawful right through ordinary legal action is not considered to use force — the enforcement of a valid right by lawful means cannot constitute duress or compulsion.

Where this applies

  • A creditor files a lawsuit to collect a debt through proper legal channels, and the debtor cannot accuse the creditor of using force because pursuing a remedy through ordinary legal action is not coercion.
  • A landlord serves a lawful eviction notice and files in court, and the tenant cannot claim the landlord is threatening violence because exercising a legal right through standard procedures is not force.
  • A patent holder sends a cease-and-desist letter and files an infringement suit, and the alleged infringer cannot claim intimidation because enforcing intellectual property rights through the courts is ordinary legal action, not force.

Legal domains

Cite this maxim

NeCede Max. 2.4.28 — He is not deemed to use force who exercises his own right, and proceeds by ordinary action. — Dig. 50, 17, 155, 1; Weisman, 86i

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