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NeCede's

Maxim 3.1.7

No one is bound to incapacitate himself.

Nemo tenetur seipsum inhabilitare.

Source: Jenk. Cent. 40; Weisman, 76i Difficulty 1/5 — Foundational

Explanation

The law will not require a man to destroy his own legal standing or strip himself of rights as a condition of exercising another right.

Where this applies

  • The government requires you to give up one right in order to exercise another.
  • A licensing requirement strips a person of legal capacity as a condition of approval.

Legal domains

See also

Cite this maxim

NeCede Max. 3.1.7 — No one is bound to incapacitate himself. — Jenk. Cent. 40; Weisman, 76i (Nemo tenetur seipsum inhabilitare.)

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