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NeCede's

Maxim 6.4.4

All conditions are odious, but especially those which restrain marriage and commerce.

Conditiones quaelibet odiosae; maxime autem contra matrimonium et commercium.

Source: Lofft, App. 644; Jackson 122; Weisman, 19e Difficulty 2/5 — Approachable

Explanation

The law disfavors conditions that restrict natural liberty — conditions restraining the fundamental rights of the People are construed most strictly against the one imposing them.

Where this applies

  • My inheritance comes with a condition that I never marry — is that enforceable?
  • The grant says I can't operate a business on the property — but that's restraining commerce.

Legal domains

contractproperty

See also

Cite this maxim

NeCede Max. 6.4.4 — All conditions are odious, but especially those which restrain marriage and commerce. — Lofft, App. 644; Jackson 122; Weisman, 19e (Conditiones quaelibet odiosae; maxime autem contra matrimonium et commercium.)

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