Z uwag do metodologii nauki prawa prywatnego: powoływanie łacińskich reguł i maksym na przykładzie nemo plus iuris
Remarks on the Methodology of Private Law Studies: the Use of Latin Maxims as Exemplified by Nemo Plus Iuris

Summary/Abstract: The use of principles in the legal practice, which are quite often expressed in Latin, is associated with various intentions. What is important is that they should be used, both in research and in the professional practice, in full awareness of their origin and context. The Latin maxims, legal maxims or rules emphasize the Roman origin of the European private law. One of such maxims is nemo plus iuris ad alium transferre potest, quam ipse haberet. Its original context was associated with inheritance law. The Justinian’s compilers endowed it with the value of a universal rule. The adage is associated above all with private law, although it was also made use of in the sphere of public law. It occurred in many different variations; in order to find its original wording, one has to consult the 17th Title in the 50th Book of Justinian’s Digest. In order to make good use of the maxims one has to take into consideration their wider context – the legal system at the time of Ulpian differed considerably from the one used during the Justinian’s era. Nemo plus iuris had also played a significant role in the law of obligations. In classical Roman law and in the times of empreror Justinian, the maxim was a rule of law and as such it allowed of no exceptions. For the correct interpretation and use of maxims it was also necessary to take under consideration the related maxims. In the case of nemo plus iuris such a maxim was nemo sibi ipsum causam possessionis mutare potest. The Latin legal maxim is often used in Polish legal discourse, although it is not directly expressed in statutory law.

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