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NeCede's

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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