Understanding Qui Non Prohibet Quod Prohibere Potest, Assentire Videtur: A Legal Insight
Definition & Meaning
The phrase qui non prohibet quod prohibere potest, assentire videtur translates to "he who does not forbid what he can forbid is understood to assent." This legal maxim suggests that if a person has the authority to prevent an action but chooses not to, it is assumed they agree with that action. This principle is often applied in various legal contexts, indicating a tacit approval based on inaction.
Legal Use & context
This maxim is commonly used in legal practice, particularly in areas such as contract law, property law, and family law. It can arise in situations where a party fails to object to a proposed action or decision, leading to the assumption of consent. For example, if a landlord does not enforce a rule against a tenant's behavior, it may be interpreted as approval of that behavior.
Users may find it helpful to utilize legal templates from US Legal Forms to navigate situations where this principle applies, ensuring they have the necessary documentation and understanding of their rights and obligations.
Real-world examples
Here are a couple of examples of abatement:
- Example 1: A homeowner notices a neighbor consistently parking in front of their house. If the homeowner does not address this issue, they may be seen as accepting the neighbor's behavior (hypothetical example).
- Example 2: In a workplace, if a manager is aware of an employee's repeated tardiness but does not address it, the manager may be perceived as approving the behavior.