Escolar Documentos
Profissional Documentos
Cultura Documentos
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19. Hoc quidem perquam durum est, sed ita lex scripta est.
- It is exceedingly hard, but so the law is written.
- Words ought to be more subservient to the intent, and not the intent to the
words.
- He who considers merely the letter of an instrument goes but skin deep into
its meaning.
28. Quando verba statute sunt speciali, ratio autem generalia, statum
generaliter est intelligendum.
- When the words used in a statute are special, but the purpose of the law is
general, it should be read as the general expression.
- The construction of the law will not be such as to work injury or injustice.
- It is better that words should have no operation at all than that they should
operate absurdly.
38. Ubi eadem est ratio, ibi est eadem legis disposition.
44. Jurae naturae aequum est neminem cum alterius detrimento et injuria
fieri locupletiorem.
- It is certainly not agreeable to natural justice that a stranger should reap the
pecuniary produce of another mans work.
- False description does not preclude construction nor vitiate the meaning of the
statute.
48. Nil facit error nominis cum de corpora vel persona constat.
- Error in name does not make an instrument inoperative when the description
is sufficiently clear.
50. Ibi quid generaliter conceditur, inest haec exception, si non aliquid sit
contras jus basque.
59. Cui jurisdiction data est, ea quoque concessa esse videntur sine quibus
jurisdiction explicari non potuit.
- When jurisdiction is given, all powers and means essential to its exercise are
also given.
- Where the parties are equally at fault, the position of the defending party is
the better one.
- Words of art should be explained from their usage in the art to which they
belong.
- The exposition of a statute should be made from all its parts put together.
84. Injustum est, nisi tota lege inspecta, de una aliqua ejus particula proposita
indicare vel respondere.
- It is unjust to decide or to respond as to any particular part of a law without
examining the whole of the law.
85. Nemo enim aliquam partem recte intelligere possit antequam totum
interum atque interim perlegit.
- The sense and meaning of the law is collected by viewing all the parts
together as one whole and not of one part only by itself.
- A law should be interpreted with a view of upholding rather than destroying it.
- The private interests of the individual must give way to the accommodation of
the public.
- Privileges are to be interpreted in accordance with the will of him who grants
them.
- There can be no legal right as against the authority that makes the law on
which the right depends.
- The law aids the vigilant, not those who slumber on their rights.
- The law provides for the future, the judge for the past.
108. Leges quae retrospciunt, et magna cum cautione sunt adhibendae neque
enim janus locatur in legibus.
- Laws which are retrospective are rarely and cautiously received, for Janus has
really no place in the laws.
109. Leges et constitutiones futuris certum est dare formam negotiis, non ad
facta praeterita revocari, nisi nominatim et de praeterito tempore et adhuc
pendentibus negotiis cautum sit.
- Laws should be construed as prospective, not retrospective, unless they are
expressly made applicable to past transactions and to such as are still pending.
115. In obscuris inspici solere quod versimilius est, aut quod plerumque fieri
solet.
118. Jus constitui oportet in his quae ut plurimum accidunt non quae ex
inordinato.
- Laws ought to be made with a view to those cases which happen most
frequently, and not to those which are of rare or accidental occurrence.
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