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NeCede's

Maxim 3.6.15

He who is silent appears to consent.

Qui tacet consentire videtur.

Source: Jenk. Cent. 32; Bouvier, Max. Difficulty 2/5 — Approachable

Explanation

Silence in the face of an assertion or claim, where one has the duty and opportunity to speak, is treated as acquiescence — the law imputes consent to him who could object but does not.

Where this applies

  • A person receives a notice claiming they owe money and does not respond.
  • A property owner says nothing when a neighbor builds a fence on their land.

Legal domains

contract

See also

Cite this maxim

NeCede Max. 3.6.15 — He who is silent appears to consent. — Jenk. Cent. 32; Bouvier, Max. (Qui tacet consentire videtur.)

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