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Legal Maxims


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Art. 2: A judgment is in accordance with what the object of an act may be


Art. 3: In contracts, attention is given to the objects and meaning, and not to the words and form


Art. 4: With doubt certitude does not fade


Art. 5: The remaining of a thing in the state in which it was found is the presumption


Art. 6: What is from time immemorial will be kept in its ancient state


Art.7:  Damage does not become of time immemorial


Art. 8: Freedom from indebtedness is to be presumed


Art. 9: As to attributes which may exist or not, the presumption, which there is, is that they do not exist


Art. 10: When a thing is proved for one time, judgment will be given in favor of its continuance until there is proof to the contrary


Art. 11: The reference of an event of recent occurrence to a time near that in which the reference is made, is the presumption


Art. 12: In the case of a word, the sense, in which it is presumed to be used, is the literal sense


Art. 13: No weight is given to arguments where there is a clear statement opposed to them


Art. 14: It is not permitted for lawyers to strive to arrive at the meaning of a point of law or religion, where there is a decisive text


Art. 15: A thing established contrary to legal analogy cannot be used as analogy for other things


Art. 16: By an attempt to form a correct opinion on a point of law, an attempt to form a correct opinion is not destroyed


Art. 17: Hardship causes the giving of facility


Art. 18: Where a matter is narrow it becomes wide


Art. 19: Damage and retaliation by damage is not allowed


Art. 20: Damage is put an end to


Art. 21: Necessities make forbidden things canonically harmless


Art. 22: Necessities are estimated according to their quantity


Art. 23: A thing permitted on account of an excuse become unlawful on the cessation of the excuse


Art. 24: When the prohibition has faded away, the forbidden thing returns


Art. 25: A damage cannot be put an end to by its like


Art. 26: To repel a public damage a private damage is preferred


Art. 27: Severe damage is made to disappear by a lighter damage


Art. 28: When two wrongful acts meet, the remedy of the greater is sought by the doing of the less


Art. 29: The smaller of two harms is chosen


Art. 30: The repelling of mischief is preferred to the acquisition of benefits


Art. 31: Damage is repelled as far as possible


Art. 32: Whether a want be general, or whether it be special, it is reduced to the degree of the necessity


Art. 33: Constraint does not destroy the right of another


Art. 34: When the receiving of a thing is forbidden the giving of it is also forbidden


Art. 35: When it is forbidden that a thing should be done, it is also forbidden that it should be asked for


Art. 36: Custom is of force


Art. 37: The use of men is evidence according to which it is necessary to act


Art. 38: A thing impossible by custom is as though it were in truth impossible


Art. 39: It cannot be denied that with a change of times, the requirements of law change


Art. 40: Under the guidance of custom the true meaning is abandoned.


Art. 41: Custom is only given effect to, when it is continuous or preponderant


Art. 42:  That is esteemed preponderant is commonly known and not that which rarely happens


Art. 43: A thing known by common usage is like a stipulation which has been made


Art. 44: A thing known by merchants is as though fixed by stipulation between them


Art. 45: What is directed by custom is as though directed by law


Art. 46: When an obstacle and a want have presented themselves, the obstacle is given precedence


Art. 47: That, which in fact follows a thing, follows it also in law


Art. 48: Judgment cannot be given separately for a thing that follows another


Art. 49: A person, who is owner of a thing, is owner also of things which are indispensable for that thing


Art. 50: When the trunk has failed, the branch fails too


Art. 51: A thing which fails does not return


Art. 52: When a thing has become null and void, a thing, which is comprised in it, becomes null and void


Art. 53: When the giving of the original thing has not been possible, its price is given


Art. 54: A thing which is not lawful in itself may be lawful as a consequence


Art. 55: A thing not permitted in the beginning may be permitted in its continuance


Art. 56: Continuing is easier than beginning


Art. 57: A transfer of property without consideration is complete only on receipt


Art. 58: The exercise of control over Rayahs, that is to say, over subjects, depends on what is right to be done


Art. 59: A special guardianship is stronger than a general guardianship


Art. 60: It is preferred that effect should be given to a word rather than that no effect should be given to it


Art. 61: Where the true meaning is impossible, it takes effect in a metaphorical sense


Art. 62: If it is impossible to give effect to a word it is made of no effect


Art. 63: To make mention of a part of a thing which cannot be divided is like mentioning the whole thing


Art. 64: The unconditional runs with unconditional effect, unless by law or by indication there is proof of its having a restricted effect


Art. 65: The description which is given while the thing is present is of no account, but the description given in the absence of the thing is to be considered


Art. 66: A question is considered to have been repeated in the answer


Art. 67: To a man who keeps silence no word is imputed, but where there is necessity shown, silence is a declaration


Art. 68: in matters which do not appear, evidence of the thing stands in the place of that thing


Art. 69: Correspondence by writing is like talking to one another


Art. 70: The well known signs of a dumb man are like an explanation by speech


Art. 71: In every case the word of an interpreter is accepted


Art. 72: To a conjecture of which the error is apparent, no attention is paid


Art. 73: There is no proof with a probability resting on good grounds


Art. 74: To imagination without foundation in fact, no weight is given


Art. 75: A thing established by evidence is as though it were established by actually seeing it


Art. 76: Evidence is for the person who claims, the oath for the person who denies


Art. 77: Evidence is for the proof of what is not clear, an oath is for the confirmation of what is presumed


Art. 78: evidence is proof which has a transitive effect, and an admission is a proof which is restricted in its effect


Art. 79: By admission one is condemned


Art. 80: With contradiction proof does not stand, but it does not injure the judgment given against the contradiction


Art. 81: In some cases there is proof of the branch where there is no proof of the root


Art. 82: With the performance of the condition the performance of the thing which is dependent on it becomes necessary


Art. 83: It is necessary that there should be conformity with a condition as far as it is possible


Art. 84: Promises where they take a conditional form are binding


Art. 85: The benefit of a thing is a return for the liability for loss from that thing


Art. 86: Payment of hire and liability to indemnify the loss does not go together


Art. 87: The detriment is as a return for the benefit


Art. 88: The burden is in proportion to the benefit, and the benefit in proportional to the burden


Art. 89: The judgment for an act is made to fall on the person who does it. And it does not fall on the person who gives the order, as long as he does not compel the doing of the act.


Art. 90: In a case in which there are both a perpetrator, i.e., someone who in person does a thing, and a person who is the indirect cause of its having been done the judgment falls on the actual perpetrator


Art. 91: Permission by the Canon Law excludes the liability to make compensation


Art. 92: A person who does an act, even if he does not act intentionally, is responsible


Art. 93: The person who does an act on one thing which leads naturally to the destruction of another thing as long as he does not act intentionally, does not become responsible


Art. 94: Offences and damage done by animals of their own accord are of no account


Art. 95: To make an order for the disposition of the property of another is of no effect


Art. 96: The dealing by one person with the property of another, without his leave, is not lawful


Art. 97: Without legal cause it is not allowed for anyone to take the property of another


Art. 98: As regards a thing, a change in the cause of ownership represents a change of that thing


Art. 99: Any person who hastens a thing before its time is punished by being deprived of it


Art. 100: The attempt of every one, who tried to destroy a thing done by himself, is rejected

Should you require a better understanding of any of the above rules, you are welcome to contact me by email, and I might include an example as soon as time allows. For those comfortable explaining any of the above, your input will be highly appreciated. Thanks.