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NeCede's

Maxim 4.6.6

He who receives the advantage ought also to bear the disadvantage.

Cujus est commodum ejus debet esse incommodum.

Source: Dig. 50, 17, 10; Jackson, *Latin for Lawyers* (1915), Max. 962; Weisman, 12f Difficulty 1/5 — Foundational

Explanation

Benefit and burden are inseparable — the man who takes the profit must bear the risk.

Where this applies

  • Someone takes all the profit from a venture but none of the risk.
  • A person benefits from a deal but refuses to share in the burdens.

Legal domains

commercialequity

See also

Cite this maxim

NeCede Max. 4.6.6 — He who receives the advantage ought also to bear the disadvantage. — Dig. 50, 17, 10; Jackson, *Latin for Lawyers* (1915), Max. 962; Weisman, 12f (Cujus est commodum ejus debet esse incommodum.)

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