Maxim 3.1.18
No one can claim another's status as his own merely because he wishes it.
Source: C.L.M.; Weisman, 76k
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Legal status — whether sui juris, citizen, officer, or any other recognized standing — is determined by law and fact, not by mere assertion or desire. Invoke this to challenge a party who claims an authority, privilege, or standing to which the law has not entitled him.
Where this applies
- A private citizen flashes a fake badge and demands entry to a home, claiming he has police authority; the homeowner challenges him because no one can claim an officer's status simply by wanting it.
- A man declares himself a judge and tries to hold court in his living room, but the law does not recognize a status that exists only in someone's imagination.
- An unlicensed person holds himself out as a doctor; the court rules that professional status is conferred by law and qualification, not by self-proclamation.
Legal domains
Cite this maxim
NeCede Max. 3.1.18 — No one can claim another's status as his own merely because he wishes it. — C.L.M.; Weisman, 76k
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