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NeCede's

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.

Legal domains

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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