Maxim 8.5.16
An impediment being removed, an action emerges.
Remoto impedimento, emergit actio.
Source: Wing. 20; Jackson
Difficulty 1/5 — Foundational
Explanation
When a legal disability or obstruction that prevented suit is removed, the right of action revives — the impediment suspended the remedy but did not destroy the underlying right.
Where this applies
- I couldn't sue while I was incapacitated — but now that the obstacle is gone, my right of action revives.
- The legal barrier that prevented me from filing has been removed — I can now proceed.
Legal domains
Cite this maxim
NeCede Max. 8.5.16 — An impediment being removed, an action emerges. — Wing. 20; Jackson (Remoto impedimento, emergit actio.)
Found an error? Suggest a correction →