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Interpretatio Fienda Est Ut Res Magis Valeat Quam Pereat - A Law Should Be

The document provides Latin legal maxims that guide the interpretation and application of statutes and precedents. The maxims state that the best interpretation of a statute is the statute itself, that statutes should be interpreted to be effective and not perish, that later laws repeal earlier contradictory laws, and that general laws do not nullify specific laws. Precedents should be followed and settled matters left undisturbed.

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Leizel Zafra
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357 views1 page

Interpretatio Fienda Est Ut Res Magis Valeat Quam Pereat - A Law Should Be

The document provides Latin legal maxims that guide the interpretation and application of statutes and precedents. The maxims state that the best interpretation of a statute is the statute itself, that statutes should be interpreted to be effective and not perish, that later laws repeal earlier contradictory laws, and that general laws do not nullify specific laws. Precedents should be followed and settled matters left undisturbed.

Uploaded by

Leizel Zafra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
  • Legal Maxims

Optima statute interpretatrix est Vigilantibus et non dormientibus jura

ipsum statutum. - The best interpreter subveniunt- the laws aid the vigilant,
of a statute is the statue itself. not those who slumber on their rights.
Potior est in tempoe, potior est in
Ut res magis valeat quam pereat - so jure- he who is first in time is preferred in
interpret a statute as to give it efficient right.
operation and effect as a whole.
Leges posteriors priores contraries
Interpretatio fienda est ut res magis abrogant- A later law repeals an earlier
valeat quam pereat - a law should be law on the same subject which is
interpreted with a view to upholding repugnant thereto.
rather than destroying it.
Generalia specialibus non derogant- a
Interpretatio fienda est ut res magis general law does not nullify a specific or
valeat quam pereat - interpretation that special law.
will give the thing efficacy is to be
adopted. Stare decisis et non quieta movere -
follow past precedents and do not disturb
Interpretare et concordare leges what has been settled.
legibus est optimus interpretandi
modus- every statute must be so Ejusdem generis- general terms follow
construed and harmonized with other special terms [and all others, or any
statutes as to form a uniform system of others; restricted to persons or things of
jurisprudence. the same kind]

Expressio unius est exclusio alterius-


Distingue tempora et concordabis
jura - distinguish times and you will Express mention and implied inclusion
- the express mention of one person,
harmonize laws.
thing, or consequence is
tantamount to an express
Statuta pro publico commodo late
interpretantur.- Statute enacted for the exclusion of all others
public good are to be construed liberally.

Actus non facit reum nisi mens sit


rea- the act itself does not make a man
guilty unless his intention were so.

Actus me invito factus non est meus


actus - an act done by me against my will
is not my act.

Privilegia recipient largam


interpretationem voluntati consonam
concedentis- or privileges are to be
interpreted in accordance with the will of
him who grants them.

Nullum tempus occurrit regi - no time


runs against the King

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