Roman Law Legal Maxims

Flashcards based on Roman law legal maxims and their definitions, translated into English from the provided lecture transcript.

Accessio cedit principali

The accessory follows the principal thing (it falls to the owner of the main thing).

Actor sequitur forum rei

The plaintiff follows the court of the defendant's place.

Adoptio naturam imitatur

Adoption imitates nature.

Ambulatoria enim est voluntas defuncti usque ad vitae supremum exitum

The will of the deceased can be changed until his death.

Audiatur et altera pars

The other side must also be heard.

Bis de eadem re agere non licet

It is not permitted to litigate twice in the same matter.

Bis de eadem re ne sit actio

There may not be proceedings a second time in the same case.

Confessus pro iudicato est

One who recognizes a claim (the plaintiff) is considered as judged (treated equally with one who has been judged).

Dies interpellat pro homine

The deadline calls instead of the person.

Dolus semper praestatur

One is always responsible for deceit (fraud).

Ecclesia vivit lege Romana

The Church lives by Roman law.

Ei incumbit probatio, qui dicit, non qui negat

The burden of proof rests on the one who asserts, not on the one who denies.

Falsa causa non nocet

A false motive does not harm the validity of a legal act.

Falsa demonstratio non nocet

A false designation of a thing does not harm.

Fur semper moram facere videtur

A thief is always considered to be in default.

Genus perire non censetur

It is considered that a genus (generically identified goods) does not perish.

Ibi dos esse debet, ubi onera matrimonii sunt

The dowry should be where the burdens of marriage are.

Ignorantia iuris nocet

Ignorance of the law harms.

Impossibilium nulla obligatio est

There is no obligation regarding impossible things.

Invitus nemo rem cogitur defendere

No one is forced to defend a thing against their will.

Iuris praecepta sunt haec: honeste vivere, alterum non laedere, suum cuique tribuere

The principles of law are: to live honorably, not to harm others, and to give each his own.

Ius est ars boni et aequi

Law is the art of applying what is good and equitable.

Ius naturale est, quod natura omnia animalia docuit

Natural law is that which nature has taught all living creatures.

Ius publicum privatorum pactis mutari non potest

Public law cannot be changed by agreements between private persons.

Iustitia est constans et perpetua voluntas ius suum cuique tribuendi

Justice is the constant and perpetual will to give everyone what they are entitled to.

Lata culpa est nimia neglegentia, id est non intellegere quod omnes intellegunt

Gross negligence is excessive negligence, which is not understanding what everyone understands.

Lex est, quod populus iubet atque constituit

A law is what the people command and establish.

Lex posterior derogat legi priori

A later law repeals an earlier one.

Lex retro non agit

The law does not act backwards.

Libera matrimonia esse antiquitus placuit

It has long been maintained that there is freedom regarding marital life.

Lis infitiando crescit in duplum

A disputed claim denied without justification increases to double its value.

Magna culpa dolus est

Great negligence is equal to deceit.

Mala fides superveniens non nocet

Bad faith arising later does not harm.

Mandatum nisi gratuitum nullum est

A mandate is void if it is not free of charge.

Mater semper certa est

The mother is always certain.

Melior condicio nostra per servos fieri potest, deterior fieri non potest

Slaves can improve the owners' position, but they cannot make it worse.

Melior est condicio possidentis

The position of the possessor is better.

Nasciturus pro iam nato habetur, quotiens de commodis eius agitur

A conceived but unborn child is considered as already born whenever its benefit is concerned.

Nemo plus iuris ad alium transferre potest, quam ipse habet

No one can transfer more rights to another than they themselves possess.

Nemo pro parte testatus, pro parte intestatus decedere potest

No one can die with heirs who are partly testamentary and partly by operation of law.

Nemo sibi ipse causam possessionis mutare potest

No one can change the basis of possession for themselves.

Nomina ipso iure divisa

Claims are divided by operation of law.

Noxa caput sequitur

Liability (noxal responsibility) follows the head of the perpetrator.

Nulli res sua servit

No one can have an easement on their own property.

Nuptias non concubitus, sed consensus facit

Marriage is created not by cohabitation, but by mutual consent.

Omnis condemnatio pecuniaria esse debet

Every judgment should be monetary (expressed in money).

Pater is est, quem nuptiae demonstrant

The father is he whom the marriage indicates.

Pignoris causa indivisa est

The basis of a pledge is indivisible.

Placuit in omnibus rebus praecipuam esse iustitiae aequitatisque quam stricti iuris rationem

In all matters, justice and equity should be prioritized over the strict wording of the rules.

Postumus rumpit testamentum

A posthumous child (born after the will) breaks the will.

Praedia nisi fundum vicinum habeat

Lands (dominant and servient) should be adjacent to each other.

Pretium in numerata pecunia consistere debet

The price should be designated in money.

Princeps legibus solutus

The emperor is not bound by laws.

Prior tempore potior iure

First in time, better in law.

Quamvis si liberum esset noluissem, tamen coactus volui

Although if I were free I would not have wanted it, yet being coerced I wanted it.

Quidquid non agnoscit Glossa, non agnoscit curia

Whatever the Gloss does not recognize, the court does not recognize.

Quod initio vitiosum est, non potest tractu temporis convalescere

That which is defective at the beginning cannot be cured by the passage of time.

Quod principi placuit, habet legis vigorem

The will of the emperor has the force of law.

Quot generationes, tot gradus

There are as many degrees as there are births.

Res inter alios iudicatae nullum aliis praeiudicium faciunt

Matters judged between other people do not affect third parties.

Res nullius cedit primo occupanti

A thing belonging to no one falls to the one who first seizes it.

Reus excipiendo fit actor

A defendant, by raising a procedural objection, becomes a plaintiff.

Reus in exceptione actor est

In the case of a procedural objection, the defendant becomes the plaintiff regarding the burden of proof.

Semel heres semper heres

Once an heir, always an heir.

Separata esse debet possessio a proprietate

Possession should be distinguished from ownership.

Servile caput nullum ius habet

A slave has no rights.

Servitus in faciendo consistere nequit

An easement cannot consist in an action.

Servitus servitutis esse non potest

There cannot be an easement on an easement.

Servitutibus civiliter utendum est

Easements should be used carefully.

Servitutis causa debet esse perpetua

The cause of an easement should bring a lasting benefit to the land.

Sine canonibus legistae parum valent, canonistae sine lege nihil

Secular lawyers without knowledge of canons signify little, and canonists without knowledge of laws (Roman law) signify nothing.

Species perit ei cui debetur

An individually designated thing perishes at the risk of the creditor.

Summum ius summa iniuria

The highest law is the highest injustice.

Superficies solo cedit

Whatever is on the surface of the land belongs to the land.

Testis unus, testis nullus

One witness is no witness.

Tres faciunt collegium

Three persons form an association.

Ubi rem meam invenio, ibi vindicto

Wherever I find my property, there I will claim it.

Vim vi repellere licet

It is permitted to repel force with force.