Define: Cui Licet Quod Majus Non Debet Quod Minus Est Non Licerc

The phrase translates to “Whoever is allowed to do the greater thing should not be prevented from doing the lesser thing.”

Yes, it is a legal principle that emphasises that if someone is authorised to perform a certain action, they should not be prohibited from performing a lesser action that is inherently connected to the authorised action.

This principle is often applied to ensure that individuals or entities are not unduly restricted from exercising their rights or performing actions that are necessary or incidental to their authorised activities.

Yes, it can be used as a defence to argue that if someone is allowed to perform a certain action, they should not be prevented from performing a lesser action that is closely related to it.

Yes, the principle is subject to limitations and should not be used to justify actions that are illegal, unethical, or beyond the scope of the authorised activity.

Yes, the principle can be invoked in contract law to argue that if a party is granted certain rights or privileges under a contract, they should also be allowed to exercise lesser rights or privileges that are connected to the main contract.

While the principle is primarily applied in civil law cases, it can also be relevant in criminal law to argue that if someone is authorised to commit a certain act, they should not be prohibited from committing a lesser act that is connected to it.

There have been various legal cases where this principle has been invoked, but specific examples would depend on the jurisdiction and legal context.

Yes, like any legal principle, “Cui Licet Quod Majus Non Debet Quod Minus Est Non Licerc” can be overridden by other legal principles, statutes, or regulations if they are deemed to be in conflict or incompatible.