Principles and Maxims of Jurisprudence Book

General Books publication date: 2009
Original publication date: 1856
Original Publisher: Parker Subjects: Jurisprudence

Legal maxims (Roman law)

Legal maxims

Law

Roman law

History / Ancient / Rome

Law / General

Law / Jurisprudence

Law / Legal History

Political Science / Government / Comparative Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text.
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Excerpt: PRINCIPLES AND MAXIMS OF JURISPRUDENCE. NEMO potest mutare consilium in alterius injuriam -- Papinian. No man may change his purpose to the detriment of another's legal right. This is a rule of natural equity in eliciting the doctrines of which there never has been a greater master than Papinian. ' Injuria' is used here in the same sense as in the ' Lex Aquilia.' By the exercise of our will we alter the position of others, and thus confer upon them rights which a change of purpose would destroy. ' Voluntatis est enim suscipere man- datum, necessitatis consummare.'b We may abstain from entering into contracts which we cannot renounce, because to do so would inflict an unjust disadvantage on another. ' Sicut ab initio libera est potestas habendi vel non habendi con- tractus, ita renuntiare semel constitute obligation! adversario non consentiente nemo potest.'0 Thus the person who, either by a donation or a legacy, had a right of choice between two objects, after he had determined could not change hisresolution; ' quia omne jus legati prim