Maxim 8.6.4
The condition of the possessor is better, and that of the defendant better than the plaintiff's.
Melior est conditio possidentis, et rei quam actoris.
Source: Dig. 50, 17, 126; Broom, Max. 715, 740
Difficulty 2/5 — Approachable
Explanation
When the equities are equal, the law favors the party in possession and the party defending — the plaintiff who would disturb the status quo bears the heavier burden.
Where this applies
- Both the plaintiff and I have roughly equal claims — as the defendant, I have the advantage.
- The person trying to disturb my possession should bear the heavier burden.
Legal domains
See also
Cite this maxim
NeCede Max. 8.6.4 — The condition of the possessor is better, and that of the defendant better than the plaintiff's. — Dig. 50, 17, 126; Broom, Max. 715, 740 (Melior est conditio possidentis, et rei quam actoris.)
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