Understanding Neminem Laedit Qui Jure Suo Utitur in Civil Law
Definition & Meaning
The phrase "Neminem laedit qui jure suo utitur" translates to "he who exercises his legal rights harms no one." This Latin maxim emphasizes that in civil law, individuals are permitted to act according to their legal rights without causing harm to others. It underscores the principle that exercising one's rights, particularly concerning property, is generally acceptable as long as it does not infringe upon the rights of others.
Legal Use & context
This maxim is primarily applicable in civil law contexts. It serves as a guiding principle that allows individuals to defend their interests and property rights. In practice, this means that a person can take actions to protect their legal rights without facing liability for harming others, provided those actions are lawful. However, in criminal law, the exercise of rights may lead to situations where one person's actions to protect their interests can cause harm to another, which is not permissible.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A homeowner decides to build a fence on their property line. As long as the fence complies with local zoning laws and does not encroach on a neighbor's property, the homeowner is exercising their legal right without causing harm.
Example 2: A person who owns a car has the right to park it on their property. If they choose to block a neighbor's driveway, however, this action may cause harm and could lead to legal disputes. (hypothetical example)