| dbp:text
|
- . (en)
- ". (en)
- But also note, (en)
- At the outset, I note that these cases call to mind two maxims that are well known in all legal systems: first, the fact that rights come to those who are vigilant, not to those who sleep and, secondly, that no one can make a claim based on his own wrongdoing . (en)
- A man whose allegedly legal interests are threatened should be vigilant in protecting them. He is not entitled to expect others particularly not the party threatening the disputed interest to protect him. (en)
- The doctrine of laches is based on the maxim that equity aids the vigilant, not those who sleep on their rights. (en)
- SCAEVOLA, Questions Publicly Discussed, sole book: A (en)
- This difference of treatment is not discrimination, but is merely the consistent application of the ancient and still valid maxim " (en)
- For every claimant this principle that characterises civil law applies: civil law is written for the vigilant . There is no reason for a different assessment in this case. (en)
- may not be a rule of law, but it seems to be a maxim having some application in this instance. (en)
- succeeded his father as heir and paid one of the creditors; he then renounced his father's estate which accordingly was sold. Should what the creditor received be reclaimed so that his position might be no better than that of the other creditors? We have to distinguish according as it was received by way of favoring or preference or not; if it was done as a preference or favor by the tutors, reclamation will be made to the same proportion to which the other creditors would be entitled; but if the creditor made a fair claim and the other creditors were remiss in pressing their claims and the whole matter has meanwhile deteriorated through the death of living assets, the removal of movable ones or the reduction to nothing of immovable assets, what the creditor received is in no way
recoverable, since the other creditors must bear the consequences of their own negligence. Now what if, circumstances being such that my debtor's estate falls to be sold, he pays me the money due to me; can that money be claimed from me? Again, a distinction must be taken: Did he choose to pay me, or did I exact the money from an unwilling debtor with the result that in the latter case, a claim would be possible but not in the former case? I was looking after my own interests and so improved my position
and the civil law is designed for those who look after themselves; accordingly, there will be no claim for what I received. (en)
|
