He is not deemed to use force who exercises his own right, and proceeds by ordinary action. Non videtur vim facere, qui jure suo ntitur et ordinaria actione experitur. No one is considered entitled to recover that which he must give up to another. Non videtur quisquam id capere quod ei necesse est alii restitutere. That does not seem to be completely one’s own which can be taken from him on occasion. Remember that quod means ‘because’ and ‘that’, as well as ‘which’. Non videtur perfecte cujusque id esse, quod ex casu auferri potest. He does not appear to have retained consent, who has changed anything through menaces. Non videtur consensum retinuisse si quis ex prsescripto minantis aliquid immutavit. They are not considered to consent who commit a mistake. We impose laws, not upon words, but upon things themselves. Non verbis, sed ipsis rebus, leges im- ponimus. An impediment which does not derive its effect from law is of no force. Later quoted by Seneca as quod non mortalia pectora coges, auri sacra fames ('what do not you force mortal hearts to do, accursed hunger for gold'). Non valet impedimentnm quod de jure non sortitur effectum. Called a “maxim, of law and common sense.” 2 Eden. A plea of the same matter the dissolution of which is sought, is not valid. Non valet exceptio ejusdem rei cujus petitur dissolutio. Confirmation is not valid unless he who confirms Is either in possession of the thing itself or of the right of which confirmation is to be made, and, in like manner, unless he to whom confirmation is made is in possession. Non valet confirmatio, nisi ille, qui coniirmat, sit in possessione rei vel juris unde fieri debet confirmatio et code in modo, nisi ille cui confirmatio fit sit in possessione.
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