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NeCede's

Maxim 3.3.7

He acts with guile who demands that which he will have to return.

Dolo facit qui petit quod restituere oportet.

Source: Broom, Max. 346; Dig. 50, 17, 173, 3; Weisman, 55f Difficulty 2/5 — Approachable

Explanation

One who brings a claim knowing he has no right to retain the remedy sought acts fraudulently and will be met with an equitable defense.

Where this applies

  • A plaintiff sues to recover property they know they will have to return.
  • Someone files a fraudulent claim for something they have no right to keep.

Legal domains

equityprocedural

See also

Cite this maxim

NeCede Max. 3.3.7 — He acts with guile who demands that which he will have to return. — Broom, Max. 346; Dig. 50, 17, 173, 3; Weisman, 55f (Dolo facit qui petit quod restituere oportet.)

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