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NeCede's

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.)

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