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NeCede's

Maxim 5.5.4

He who has the right of giving also has the right of selling and granting.

Qui habet jus donandi habet jus vendendi et concedendi.

Source: Dig. 50.17.163; Weisman, 13c; Weisman, 77r Difficulty 1/5 — Foundational

Explanation

The right to sell flows from the right to own — if a man may give his property away, he may certainly sell it.

Where this applies

  • If I have the right to give away my tools, can someone tell me I can't sell them instead?
  • The government says I can donate my crops but I need a license to sell them.

Legal domains

See also

Cite this maxim

NeCede Max. 5.5.4 — He who has the right of giving also has the right of selling and granting. — Dig. 50.17.163; Weisman, 13c; Weisman, 77r (Qui habet jus donandi habet jus vendendi et concedendi.)

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