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NeCede's

Maxim 8.5.13

There is no exception against an action which entirely destroys an exception.

Exceptio nulla est versus actionem quae exceptionem perimit.

Source: Jenk. Cent. 106; Jackson Difficulty 2/5 — Approachable

Explanation

A defense cannot be raised against an action that itself extinguishes the very ground of that defense — a plea that would destroy the foundation of the exception it invokes is self-defeating.

Where this applies

  • A defense can't be raised if the very action it's opposing would destroy the basis for that defense.
  • The exception they're citing is self-defeating in this context.

Legal domains

Cite this maxim

NeCede Max. 8.5.13 — There is no exception against an action which entirely destroys an exception. — Jenk. Cent. 106; Jackson (Exceptio nulla est versus actionem quae exceptionem perimit.)

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