Assertion of Rights a Social Duty
abrogation of a law. This desuetudo corresponds to loss of concrete legal rights by non-user (non-usus). But while the realization in practice of public law and of criminal law is assured, because it is imposed as a duty on public officials, the realization in practice of private law is presented to individuals under the form of their legal rights; that is, it is left exclusively to them to take the initiative in its realization, left exclusively to their action. In the former case, its practical realization depends on the performance of their duty by the authorities and public officials, and, in this latter case, on the assertion by individuals of their legal rights. If the latter, for any reason, neglect to assert their rights, permanently and generally, be it from ignorance, love of ease, or fear, the consequence is that the principles of right lose their vigor. And so we may say: The reality, the practical force of the principles of private law, is proved by the assertion of concrete legal right; and as, on the one hand, the latter receives its life from the laws, it,
71
