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NeCede's

Maxim 7.5.12

That which is without remedy avails of itself if there be no fault in the party seeking to enforce it.

Quod remedio destituitur ipsa re valet si culpa absit.

Source: Bac. Max. Reg. 9; Jackson; Weisman, 94b Difficulty 2/5 — Approachable

Explanation

Where no formal remedy exists, the right itself still has force provided the claimant is free from fault — the absence of a prescribed procedure does not extinguish the underlying right.

Where this applies

  • There's no formal legal remedy for my situation but my rights are clear.
  • The law doesn't provide a specific procedure for my claim but the right itself is real.

Legal domains

Cite this maxim

NeCede Max. 7.5.12 — That which is without remedy avails of itself if there be no fault in the party seeking to enforce it. — Bac. Max. Reg. 9; Jackson; Weisman, 94b (Quod remedio destituitur ipsa re valet si culpa absit.)

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