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NeCede's

Maxim 8.2.13

When two rights concur in one person it is the same as if they were in different persons.

Quando duo jura in una persona concurrunt, aequum est ac si essent in diversis.

Source: 2 Preston Abs. 430; Jackson; Weisman, 86o Difficulty 3/5 — Intermediate

Explanation

Where one person holds two distinct legal rights, they are treated as separate and independent — merger of rights in one person does not extinguish either.

Where this applies

  • I hold both a lease and an ownership right to the same property — do they merge?
  • One person inherited two separate legal claims to the same land — are they treated as one?

Legal domains

proceduralproperty

Cite this maxim

NeCede Max. 8.2.13 — When two rights concur in one person it is the same as if they were in different persons. — 2 Preston Abs. 430; Jackson; Weisman, 86o (Quando duo jura in una persona concurrunt, aequum est ac si essent in diversis.)

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