Maxim 5.1.6
It is not incumbent on the possessor to prove that the possessions belong to him.
Non possessori incumbit necessitas probandi possessiones ad se pertinere.
Source: Cod. 4.9.2; Broom, Max. 639, 714; Weisman, 91cc
Difficulty 2/5 — Approachable
Explanation
The burden of proof lies on the challenger, not the possessor — quiet possession is its own evidence of right.
Where this applies
- Two people both claim ownership of the same piece of equipment and neither has a receipt.
- My neighbor and I both say we own the fence between our properties.
Legal domains
See also
Cite this maxim
NeCede Max. 5.1.6 — It is not incumbent on the possessor to prove that the possessions belong to him. — Cod. 4.9.2; Broom, Max. 639, 714; Weisman, 91cc (Non possessori incumbit necessitas probandi possessiones ad se pertinere.)
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