A verbis legis non
est recedendum |
You must not vary the
words of a statute. |
Absoluta
sententia expositore non indiget |
When you have plain words
capable of only one interpretation, no explanation of them is
required. |
Abundans cautela
non nocet
|
There is no harm done by
great caution. |
Accusare nemo se
debet; accusare nemo se debet nisi coram
Deo
|
No one is bound to accuse
himself except to God. |
Acta exteriora
indicant interiora secreta |
External actions
show internal secrets, i.e., intention may be inferred from a
person's actions. |
Actus curiae
neminem gravabit
|
An act of the Court shall
prejudice no one. |
Adversus
extraneos vitiosa possessio prodesse
solet |
Prior
possession is a good title of ownership against all who cannot
show a better. |
Aedificatum
solo, solo cedit |
What is
built on the land is to be regarded as having become part of
the land. |
Aequitas
sequitur legem |
Equity follows the
law. |
Affirmanti non
neganti incumbit probatio |
The burden of proof is
upon him who affirms, not
upon him who denies. |
Ambulatoria est
voluntas defuncti usque ad vitae supremum
exitum
|
The will of a deceased
person is ambulatory [revocable] until the last moment of
life. |
Audi alteram
partem |
Hear
the other side. |
Clausulae
inconsuetae semper inducunt
suspicionem. |
Unusual clauses always
excite suspicion. |
Consuetudo est
altera lex
|
A custom has the force of
law. |
Contemporanea
exposito est optima et fortissima in
lege
|
The best way to construe a
document is to read it as it would have read when
made. |
Contra
preferentum
|
If the words in a contract
are ambiguous the contract should be interpreted against the
one who wrote the words. |
Cujus est dare
ejus est disponere |
He who
gives anything can also direct how the gift is to be
used. |
Cujus est solum
ejus est usque ad coelum |
Whose is the soil, his is
also that which is above it. |
De minimis non
curat lex
|
The law does not concern
itself with trifles. |
Debitor non
praesumitur donare |
A debtor is not presumed
to give. |
Delegatus non
potest delegare |
A delegate cannot
delegate. |
Domus sua
cuique est tutissimum refugium |
To everyone his house is
his surest refuge. |
Dona
clandestina sunt semper suspiciosa |
Clandestine gifts are
always to be regarded with
suspicion. |
Eodem modo quo
oritur, eodem modo dissolvitur
|
What has been effected by
agreement can be undone by
agreement. |
Ex dolo malo
non oritur action |
No
right of action can have its origin in
fraud. |
Ex maleficio
non oritur contractus |
A contract cannot arise
out of an illegal act. |
Ex nudo pacto non
oritur actio.
|
No right of action arises
from a contract entered into without
consideration. |
Ex turpi causa non
oritur actio
|
An illegal contract cannot
be enforced. |
Expedit
reipublicae ut finis sit litium |
It is in the public
interest that the decision of cases should be
final. |
Expressio unius
personae vel rei, est exclusio alterius |
The express mention of one
person or thing is the exclusion of
another. |
Fractionem diei
non recipit lex |
The law does not recognize
any fraction of a day. |
Fraus omnia
vitiat
|
Fraud vitiates
everything. |
Frustra legis
auxilium quaerit qui in legem
comittit |
He who
offends against the law vainly seeks the help of the
law. |
Generalia
specialibus non derogant |
General
things do not derogate from special
things. |
Ignorantia juris
quod quisque scire tenetur non
excusat |
Ignorance of the
law, which everybody is supposed to know, does not constitute
an excuse. |
Impotentia excusat
legem
|
Impossibility of
performance of a legal obligation is a good
excuse. |
In pari causa
potior est condition
possidentis |
Everyone may
keep what he has got, unless and until someone else can prove
a better title. |
Injuria non
excusat injuriam |
One wrong does not justify
another. |
Interpretatio
chartarum benigne facienda est ut res magis valeat quam
pereat
|
The construction of deeds
is to be made liberally, so that the thing may survive rather
than perish. |
Lex non requirit
verificari quod apparet curiae |
The law does not require
verification of that which is apparent to the
Court. |
Mala grammatica
non vitiat chartam |
Bad grammar does not
vitiate a deed. |
Nemo agit in
seipsum
|
No one can take
proceedings against himself. |
Nemo contra
factum suum proprium venire potest |
No one can go against his
own deed. |
Nemo dat quod non
habit.
|
One cannot grant what one
does not have. |
Nemo debet esse
judex in propria causa |
No one can be judge in his
own cause. |
Nemo potest
facere per alium, quod per se non
potest
|
No one can do through
another what he cannot do himself. |
Nemo tenetur ad
impossibile |
No one is required to do
what is impossible. |
Non aliter a
significatione verborum recedi oportet quam cum manifestum est
aliud sensisse testatorem |
There should be no
departure from the ordinary meaning of words except where it
appears that the testator meant something
different. |
Non videntur
qui errant consentire |
Those who are mistaken are
not deemed to consent. |
Noscitur a
sociis
T |
he meaning of a word can
be gathered from the context. |
Omnia
praesumuntur rite et solemniter esse
acta
|
All acts are presumed to
have been done rightly and
regularly. |
Qui facit per
alium facit per se |
He who
acts through another is deemed to act in person, i.e., a
principal is liable for the acts of his
agent. |
Qui prior est
tempore potior est jure |
He who is first in time
has the strongest claim in law. |
Res inter alios
acta alteri nocere non debet |
A transaction between
others does not prejudice one who was not a party to
it. |
Rex non potest
peccare
|
The King can do no
wrong. |
Sic utere tuo
ut alienum non laedas |
So use your property as
not to injure your neighbour's. |
Verba chartarum
fortius accipiuntur contra proferentem |
The words of deeds are to
be interpreted most strongly against him who uses
them. |
Volenti non fit
injuria
|
That to which a man
consents cannot be considered an
injury. |