Maxim 3.7.1
Right and obligation are correlative terms.
Jus et obligatio sunt correlata.
Source: Ogden v. Saunders, 25 U.S. 213, 281; cf. Blackstone, 1 Comm. 123
Difficulty 1/5 — Foundational
Explanation
Every right held by one person implies a corresponding duty in another to respect it. Where there is no duty, there is no right — and where there is a right, there must be a remedy for its violation.
Where this applies
- A person has a right to be paid but the other party denies any obligation.
- Someone claims a constitutional right and the question is who has the duty to respect it.
Legal domains
See also
Cite this maxim
NeCede Max. 3.7.1 — Right and obligation are correlative terms. — Ogden v. Saunders, 25 U.S. 213, 281; cf. Blackstone, 1 Comm. 123 (Jus et obligatio sunt correlata.)
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