The maxims of jurisprudence hereinafter set forth are intended not to qualify any of the foregoing provisions of this code, but to aid in their just application.
Part 4MAXIMS OF JURISPRUDENCE
Section § 3509
This law states that certain legal principles, called maxims of jurisprudence, are used to help apply the rules in this code fairly, not to change them.
maxims of jurisprudence legal principles fair application rules help not change juridical aid code provisions just application interpretation assistance
Section § 3510
This law means that if a rule or law no longer makes sense or applies, it should be eliminated or stopped.
When the reason of a rule ceases, so should the rule itself.
reason of a rule ceases rule obsolescence legal modification outdated rules applicability rule cessation legal rationale rule discontinuation law relevance rule effectiveness
Section § 3511
If two situations are similar, the rules or decisions applied should also be similar. This principle promotes fairness and consistency in decision-making.
Where the reason is the same, the rule should be the same.
similar situations consistency fairness equal treatment uniform rules decision-making similar cases equity in law legal reasoning rule application
Section § 3512
This law means you can't change your intentions if it will harm someone else. Essentially, you have to stick to your commitments if altering them would negatively impact another person.
One shall not change their purpose to the injury of another.
change of purpose injury to another commitments intentions harm prevention legal obligations personal responsibility negative impact promise keeping intent changes commitment consequences
Section § 3513
This section explains that if a law is made just to benefit you personally, you're allowed to give up that benefit if you choose. However, if a law serves a public purpose, you can't simply ignore or agree with someone else to bypass it.
Any one may waive the advantage of a law intended solely for their benefit. But a law established for a public reason cannot be contravened by a private agreement.
waive personal benefit public reason private agreement law advantage private waiver public interest laws individual benefit law public policy override waiving rights personal vs. public law contravene public law individual discretion public benefit law waiver limitations
Section § 3514
This law means that when you exercise your rights or freedoms, you have to be careful not to interfere with someone else's rights in the process.
One must so use his own rights as not to infringe upon the rights of another.
individual rights infringe respecting others duty of care personal freedoms conflict of rights mutual respect exercise of rights legal responsibility rights limitations
Section § 3515
If you agree to something happening, you can't claim it harmed you. Essentially, giving your consent means you accept the outcome.
A person who consents to an act is not wronged by it.
consent agreement harm injury acceptance wronged act personal consent mutual agreement voluntary acceptance
Section § 3516
If you accept a mistake without objecting, you lose the right to complain about it later.
Acquiescence in error takes away the right of objecting to it.
acquiescence error objection rights legal mistake waiver of rights acceptance of error silence on mistakes failure to object loss of objection rights consent to mistake foregoing objections legal acquiescence error acceptance consequences
Section § 3517
This law says that if you do something wrong or break a rule, you can't use that wrongdoing to benefit yourself or gain an advantage in a legal situation.
No one can take advantage of their own wrong.
take advantage wrongdoing legal benefit self-interest unfair advantage legal principle wrongdoer equity justice unjust enrichment
Section § 3518
If someone loses something because they lied or cheated, the law can act like they still have it.
A person who has fraudulently dispossessed themselves of a thing may be treated as if they still had possession.
fraudulent dispossession possession fraud dishonesty cheating bad faith legal fiction property rights recover possession remedy for fraud deceptive behavior
Section § 3519
If someone could have stopped something from happening for them but didn't, it's assumed they allowed it.
A person who can and does not forbid that which is done on their behalf, is deemed to have bidden it.
consent implied permission passive consent non-forbiddance authorization passivity assumed agreement failure to object tacit approval authorization by omission silent consent failure to prevent acquiescence consent by inaction
Section § 3520
This law essentially means that you shouldn't have to deal with negative consequences because of someone else's actions.
No one should suffer by the act of another.
personal responsibility consequences accountability no harm by others responsibility for actions prevent harm detriment by others act of another legal liability protection from harm
Section § 3521
If you enjoy the benefits of something, you also have to deal with its downsides or responsibilities.
A person who takes the benefit must bear the burden.
responsibility benefit burden obligation consequences reciprocal duties mutual obligations acceptance of benefits liability gain and cost duty sharing equitable responsibility balance of benefits and burdens
Section § 3522
If someone gives you something, it's assumed they're also giving you whatever is necessary to make use of it.
One who grants a thing is presumed to grant also whatever is essential to its use.
grant use presumed essential necessary property benefit implied rights access resources entitlement utilization
Section § 3523
This law means that if you are wronged or harmed, there should be a way to fix it or make it right.
For every wrong there is a remedy.
wrong remedy right harm fix solution compensation legal relief justice resolution restoration reparation
Section § 3524
If two people are in a situation where both have done wrong or both are correct, the law won't step in to resolve their dispute.
Between those who are equally in the right, or equally in the wrong, the law does not interpose.
equal fault no intervention dispute resolution equally right equally wrong mutual responsibility legal interposition in civil cases neutral stance balance of fault equity principle
Section § 3525
If two people have the same legal rights, the one who claimed their right first will be given preference.
Between rights otherwise equal, the earliest is preferred.
priority of rights rights equal earliest is preferred claiming rights legal disputes first in time conflicting rights same legal rights right of precedence first claim advantage
Section § 3526
You can't be held accountable for things you have no control over.
No person is responsible for that which no person can control.
control responsibility accountability uncontrollable events personal responsibility lack of control legal accountability external factors force majeure beyond control involuntary actions unavoidable circumstances unforeseeable events
Section § 3527
This section means that the law favors people who actively protect their rights over those who don't take action when their rights are at risk.
The law helps the vigilant, before those who sleep on their rights.
vigilance rights protection active enforcement dormant rights legal timeliness defending rights sleeping on rights legal inaction law favors active protecting rights prompt action asserting rights
Section § 3528
In simpler terms, this law means that when making legal decisions, what's important is the actual substance and intention behind actions, rather than just the way things are presented or formatted. The law values what really happened or what was intended over technicalities or formalities.
The law respects form less than substance.
substance form legal decisions intention actual substance actions real intentions technicalities formalities substantive law
Section § 3529
This principle in law means if something was supposed to happen according to an obligation or contract, the law treats it as if it actually did happen, especially to protect the person who was supposed to benefit from it.
That which ought to have been done is to be regarded as done, in favor of a person to whom, and against a person from whom, performance is due.
performance obligation contractual duty legal fiction obligation fulfillment beneficiary rights deemed performance contract enforcement legal principle contract obligations enforceable agreement rights of beneficiaries duty to perform favoring beneficiaries contractual obligations expected performance
Section § 3530
This rule means that if something can't be proven or seen, it should be treated as though it doesn't exist.
That which does not appear to exist is to be regarded as if it did not exist.
appear existence evidence perception proof invisible nonexistence considered as nonexistent verification visibility reality proof of existence
Section § 3531
This law means you can't be legally required to do something that's impossible to do. It's a way to ensure fairness in legal obligations.
The law never requires impossibilities.
impossibility legal obligations fairness required actions legal requirements impractical tasks burden of performance unachievable obligations law and fairness human incapability reasonable expectations equitable relief realistic compliance legal fairness principle performance impossibility
Section § 3532
This law states that the law doesn't make people do pointless things, nor does it do anything unnecessary itself.
The law neither does nor requires idle acts.
idle acts unnecessary actions efficiency legal principle reducible obligations law requirements futility purposeful conduct legal actions legal redundancy
Section § 3533
This law means that the legal system ignores very minor or insignificant matters.
The law disregards trifles.
trifles insignificant matters minor issues legal system disregard unimportant trivial minor disputes negligible law efficiency legal significance
Section § 3534
This law means that if a law or contract has both specific and general terms, the specific terms will clarify or limit the general terms.
Particular expressions qualify those which are general.
specific terms general terms qualify clarification limitation contract interpretation legal interpretation expressions law terms specific versus general contractual language general clauses legal clarity interpretation rules particular expressions
Section § 3535
This section means that the understanding or interpretation of a law, contract, or document at the time it was created is usually the most reliable.
Contemporaneous exposition is in general the best.
contemporaneous exposition interpretation understanding creation time reliability law interpretation document interpretation contract interpretation historical context original meaning contextual understanding
Section § 3536
This means that if there is a larger concept or category, it automatically includes any smaller parts or details within it. Think of it as having a big box that can hold all smaller items.
The greater contains the less.
larger concept inclusion categories details parts umbrella term comprehensive coverage subsume encompass broader scope containment nested concepts
Section § 3537
This means that something extra or unnecessary does not invalidate a legal document or action. In other words, just because there's something that's not needed, it doesn't ruin the whole thing.
Superfluity does not vitiate.
superfluity doctrine of superfluity legal documents unnecessary elements contract validity legal interpretation vitiate legal redundancy extraneous elements interpretation of statutes
Section § 3538
This law means that something is considered certain or definite if it can eventually be determined or clarified.
That is certain which can be made certain.
certainty definite clarification determined legal certainty ambiguity resolution legal interpretation specificity certainty principle certainty criterion
Section § 3539
This means that an act or decision that is invalid from the start does not become valid simply because time has passed. If something was wrong or null to begin with, it won't become valid over time just by existing.
Time does not confirm a void act.
void act invalid act not validated by time null decision legal validity act confirmation time passage invalidity void from the start legal nullity
Section § 3540
This means that if something happens as a result of a main event or cause, the responsibility or consequence of that thing should be traced back to the main event, rather than the main event being determined by the resulting incident.
The incident follows the principal, and not the principal the incident.
principal cause consequence responsibility incident causation event relationship cause and effect liability main event resulting incident
Section § 3541
When interpreting a law, it's better to adopt an explanation that makes it work rather than one that would render it useless.
An interpretation which gives effect is preferred to one which makes void.
legal interpretation give effect avoid voiding statutory interpretation preferred interpretation effectiveness of laws voiding laws law application maximize legal effect legal efficacy
Section § 3542
This law section states that when interpreting any part of this code, the interpretation should be sensible and logical.
Interpretation must be reasonable.
interpretation reasonable logical sensible statutory interpretation construction judicial common sense legal text code interpretation legal meaning plain language rule of reason understanding statutes practical interpretation
Section § 3543
If two innocent people are affected by someone else's actions, the one who was careless should bear the consequences.
Where one of two innocent persons must suffer by the act of a third, the person, by whose negligence it happened, must be the sufferer.
innocent persons negligence third party act responsibility carelessness consequences fault assignment affected parties negligent party responsibility suffering due to negligence
Section § 3545
This law section declares that private transactions are considered fair and regular unless proven otherwise. Essentially, it assumes that when people engage in private deals, those deals are done fairly and correctly unless there's evidence showing the opposite.
Private transactions are fair and regular.
private transactions fair dealings regular transactions assumption of fairness proof of irregularity evidence required transaction integrity burden of proof valid contracts contract fairness
Section § 3546
This section suggests that events typically unfold in predictable ways based on how nature and everyday life usually work. It's about expecting things to follow the usual patterns we're familiar with.
Things happen according to the ordinary course of nature and the ordinary habits of life.
ordinary course of nature ordinary habits of life predictable events natural occurrences common patterns routine expectations everyday life usual patterns predictable ways familiar occurrences
Section § 3547
This law says that something will keep existing for as long as is normal for that type of thing.
A thing continues to exist as long as is usual with things of that nature.
existence duration usual lifespan object persistence continuance of existence natural lifespan object nature lasting period normal duration typical lifespan existence period customary duration
