Duhaime's Law Dictionary


Commodum Ex Injuria Sua Nemo Habere Debet Definition:

Latin: a wrongdoer should not be enabled by law to take any advantage from his actions.

Related Terms: Clean Hands, Crimen Omnia Ex Se Nata Vitiat

Also presented as commodum ex injuria sua non habere debet and nullus commodum capers potest de injuria sua propria.

From Roman law now a significant part of the common law's tort law and civil law (civil liability).

Not all translations are identical but the core remains the same. Some other examples:

  • No person ought to take advantage from his own wrong;
  • Nobody ought to derive advantage from his injurious behaviour; and
  • No one ought to profit from his own tort.

Ancillary and similar to crimen omnia ex se nata vitiat.

Commodum ex injuria sua non habere debet is the rationale behind statutes that prevents criminals from retaining the known profits of their crimes or even from collecting on royalties tendered for book or movie deals in regards to their actions, or from the estate of the victim.

For example, these words of Justice Vanderbilt of the Supreme Court of New Jersey in Neiman v. Hurff:

"To permit the murderer to retain title to the property acquired by his crime as permitted in some states is abhorrent to even the most rudimentary sense of justice. It violates the policy of the common law that no one shall be allowed to profit by his own wrong: nullus commondum capere protest de injuria sua propria."

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