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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