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NeCede's

Maxim 8.6.19

Whichever of two parties has the division, the other has the choice.

Source: Co. Litt. 166; Weisman, 99u Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) When one party divides a disputed matter, the other party has the right of first choice — this ensures fairness by giving the divider an incentive to divide equally.

Where this applies

  • In a divorce, one spouse divides the household property into two groups, and the other spouse gets to pick which group she wants — the divider must be fair because the chooser picks.
  • Two business partners dissolving their company agree that one will split the client list into two halves, and the other will choose which half to keep.
  • Two heirs settle an estate dispute by having one divide the assets into equal portions and the other choose first — the one who divides has every incentive to divide fairly.

Legal domains

Cite this maxim

NeCede Max. 8.6.19 — Whichever of two parties has the division, the other has the choice. — Co. Litt. 166; Weisman, 99u

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