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NeCede's

Maxim 5.1.3

Property is the proper right by which a man uses his own thing.

Proprietas est jus proprium, quo quis re sua utitur.

Source: Blackstone, 2 Bl. Comm. 2; 1 Bl. Comm. 138 Difficulty 1/5 — Foundational

Explanation

Property is not a privilege granted by government — it is an inherent right of use and dominion over what belongs to a man.

Where this applies

  • The county won't let me sell a portion of my land without going through a lengthy approval process.
  • A regulation prevents me from giving my property to my children.

Legal domains

See also

Cite this maxim

NeCede Max. 5.1.3 — Property is the proper right by which a man uses his own thing. — Blackstone, 2 Bl. Comm. 2; 1 Bl. Comm. 138 (Proprietas est jus proprium, quo quis re sua utitur.)

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