Maxim 4.5.7
In a common matter the condition of the one forbidding is the stronger.
In re communi potior est conditio prohibentis.
Source: Dig. 10, 3, 28; 3 Kent, Comm. 45
Difficulty 2/5 — Approachable
Explanation
Where partners disagree about the use of common property, the one who says no prevails over the one who says yes — in co-ownership, the veto rules.
Where this applies
- Co-owners disagree about using shared property and the one who says no wins.
- Joint tenants dispute the use of common land and the objector prevails.
Legal domains
See also
Cite this maxim
NeCede Max. 4.5.7 — In a common matter the condition of the one forbidding is the stronger. — Dig. 10, 3, 28; 3 Kent, Comm. 45 (In re communi potior est conditio prohibentis.)
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