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The Personal Site of Ackim

 
THE MEJELLE

 

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.