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Jacques de Revigny’s contribution to the concept of subjective rights and the origins of the maxim
‘Ex facto ius oritur ’

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image of Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

The idea that people can have subjective rights is no doubt older than the term itself. It is argued that in the course of the thirteenth century it obtained its place in legal doctrine. Jacques de Revigny (d. 1296) in particular has devised a doctrinal frame to this end. At the same time he sought to reduce the weight attached to the actions flowing from these rights, making a shift possible from the action-centred Roman law to a legal system based on (subjective) rights. Bartolus de Saxoferrato (1314–1357) saw the potential of this frame and applied it without much dogmatic discussion. The maxim ‘Ex facto ius oritur’ should be placed in the context of this development.


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