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NeCede's

Maxim 4.3.5

Personal services follow the person.

Servitia personalia sequuntur personam.

Source: 2 Inst. 374; Fleta, lib. 1, c. 3, § 11; Weisman, 96f Difficulty 2/5 — Approachable

Explanation

Obligations of personal service are attached to the individual and cannot be transferred to another without consent — a man's labor is his own.

Where this applies

  • An employer tries to transfer an employee's personal service obligation to someone else.
  • A person's duty to perform services cannot be passed to another without consent.

Legal domains

commercialcontract

See also

Cite this maxim

NeCede Max. 4.3.5 — Personal services follow the person. — 2 Inst. 374; Fleta, lib. 1, c. 3, § 11; Weisman, 96f (Servitia personalia sequuntur personam.)

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