37. Ubi jus ibi remedium.
Cf. the maxim of the Civilians: Ubi jus non deest nee actio deese debet. Puchta II. sect. 208. n.b.
Whenever there is a right, there should also be an action for its enforcement. That is to say, the substantive law should determine the scope of the law of procedure, and not vice versa. Legal procedure should be sufficiently elastic and comprehensive to afford the requisite means for the protection of all rights which the substantive law sees fit to recognise. In early systems this is far from being the case. We there find remedies and forms of action determining rights, rather than rights determining remedies. The maxim of primitive law is rather, Ubi remedium ibi jus.
38. Vigilantibus non dormientibus jura subveniunt.
Cf. D. 42. 8. 24: Jus civile vigilantibus scriptum est.
The law is provided for those who wake, not for those who slumber and sleep. He who neglects his rights will lose them. It is on this principle that the law of prescription is founded. See § 162.
39. Volenti non fit injuria.
Cf. D. 47. 10. 1. 5: Nulla injuria est, quae in volentem fiat.
No man who consents to a thing will be suffered thereafter to complain of it as an injury. He cannot waive his right and then complain of its infringement.