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Melior Est Conditio Possidentis

Defined in 2 dictionaries — Cyclopedic (1922), Stimson (1881)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

ubi neuter jus habet. Better is the condition of the possessor where neither of the two has a right. Jenk. Cent. Cas. 118. which justly prevents a crime is better than that which severely punishes it.

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Frederic Jesup Stimson · 1881

et rei quam actor, ubi neuter jus habet, I. The position of the party possessing is the stronger (better), and of the defendant than the plaintiff, when neither has the right. Meliorem conditionem suam facere potest minor, deteriorem nequaquam (a minor can make his condition better, but never worse): the contracts made by a minor are only valid if beneficial to him. Melius est petere fontes quam sectari rivulos, /. It is better to seek the fountains than to follow out the streamlets.