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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