Maxim 3.7.12
He who can and ought to forbid a thing, and does not, commands it.
Qui potest et debet vetare, jubet.
Source: 2 Inst. 146; Bouvier, Max.
Difficulty 1/5 — Foundational
Explanation
The officer or guardian who has the power and duty to prevent a wrong but stands idle is treated as having authorized it — silence in the face of duty is complicity.
Where this applies
- A supervisor witnesses employee misconduct and does nothing to stop it.
- A manager can prevent fraud but chooses not to, making them complicit.
See also
Cite this maxim
NeCede Max. 3.7.12 — He who can and ought to forbid a thing, and does not, commands it. — 2 Inst. 146; Bouvier, Max. (Qui potest et debet vetare, jubet.)
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