Maxim 5.1.26
A deprivation presupposes a possession.
Source: 2 Rolle, 419; Weisman, 91f
Difficulty 2/5 — Approachable
Explanation
(English-origin maxim.) Before claiming deprivation, the claimant must first prove he possessed the thing — a man who never had possession cannot be deprived of it.
Where this applies
- A man claims the city deprived him of his water rights, but the court finds he never had water rights to that parcel in the first place.
- Someone sues for the loss of a business license they never actually held.
- A person files a complaint that their hunting privileges were revoked, but records show they never applied for or received a hunting permit.
Legal domains
Cite this maxim
NeCede Max. 5.1.26 — A deprivation presupposes a possession. — 2 Rolle, 419; Weisman, 91f
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