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NeCede's

Maxim 5.2.17

Rivers and ports are public, therefore the right of fishing there is common to all.

Flumina et portus publica sunt, ideoque jus piscandi omnibus commune est.

Source: Bouvier, *Law Dictionary* (1856); Weisman, 86n Difficulty 1/5 — Foundational

Explanation

Navigable rivers and public ports belong to no private owner — the right to use them, including the right of fishing, is a common right of the People.

Where this applies

  • The state is trying to restrict fishing in the public river that runs through my town.
  • Can a private company buy exclusive rights to a public waterway?

Legal domains

constitutionalproperty

See also

Cite this maxim

NeCede Max. 5.2.17 — Rivers and ports are public, therefore the right of fishing there is common to all. — Bouvier, *Law Dictionary* (1856); Weisman, 86n (Flumina et portus publica sunt, ideoque jus piscandi omnibus commune est.)

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