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NeCede's

Maxim 5.3.2

Every man's house is his safest refuge.

Domus sua cuique est tutissimum refugium.

Source: 5 Co. 91b; 3 Inst. 162; Dig. 2.4.18; Broom, Max. 432; Weisman, 54d; Weisman, 54f Difficulty 1/5 — Foundational

Explanation

The law regards the home as the ultimate sanctuary — no power may breach it without the most urgent lawful necessity.

Where this applies

  • Someone broke into my home at night and I defended my family — can I be charged?
  • An intruder entered my property and I used force to protect my family and belongings.

Legal domains

constitutionalcriminalproperty

See also

Cite this maxim

NeCede Max. 5.3.2 — Every man's house is his safest refuge. — 5 Co. 91b; 3 Inst. 162; Dig. 2.4.18; Broom, Max. 432; Weisman, 54d; Weisman, 54f (Domus sua cuique est tutissimum refugium.)

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