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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