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NeCede's

Maxim 5.1.30

That does not truly belong to one which can be taken from him upon occasion.

Source: Dig. 50, 17, 159, 1; Weisman, 91m Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Property that may be seized upon occasion is not truly owned — secure ownership means the thing cannot be taken at the pleasure of another.

Where this applies

  • A city can seize a homeowner's land through eminent domain whenever it wants, which means the homeowner's title is not truly absolute.
  • A king's subject whose property can be confiscated by royal decree does not truly own that property in the fullest sense.
  • An employee's company car can be taken back at any time by the employer, so the employee does not truly own it.

Legal domains

Cite this maxim

NeCede Max. 5.1.30 — That does not truly belong to one which can be taken from him upon occasion. — Dig. 50, 17, 159, 1; Weisman, 91m

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