Maxims of Jurisprudence
Maxims of
Jurisprudence
Part 4 of the
California Civil Code
§ 3510
When the reason for a rule
ceases, so should the rule itself.
§3511
Where the reason is the
same, the rule should be the same.
§3512
One must not change his
purpose to the injury of another
§3513
Anyone may waive the
advantage of a law intended solely for his benefit. But a law
established for a public reason cannot be contravened by a private
agreement.
§3514
One must so use his own
rights as not to infringe upon the rights of another.
§3515
He who consents to an act
is not wronged by it.
§3516
Acquiescence in error
takes away the right of objecting.
§3517
No one can take advantage
of his own wrong.
§3518
He who has fraudulently
dispossessed himself of a thing may be treated as if he still had
possession.
§3519
He who can and does not
forbid that which is done on his behalf, is deemed to have bidden it.
§3520
No one should suffer by
the act of another.
§3521
He who takes the benefit
must bear the burden.
§3522
One who grants a thing is
presumed to grant also whatever is essential to its use.
§3523
For every wrong there is a
remedy.
§3524
Between those who are
equally in the right, or equally in the wrong, the law does not
interpose.
§3525
Between rights otherwise
equal, the earliest is preferred.
§3526
No man is responsible for
that which no man can control.
§3527
The law helps the
vigilant, before those who sleep on their rights.
§3528
The law respects form less
than substance.
§3529
That which ought to have
been done is to be regarded as done, in favor of him to whom, and
against him from whom, performance is due.
§3530
That which does not appear
to exist is to be regarded as if it did not exist.
§3531
The law never requires
impossibilities.
§3532
The law neither does nor
requires idle acts.
§3533
The law disregards
trifles.
§3534
Particular expressions
qualify those which are general.
§3535
Contemporaneous exposition
is in general the best.
§3536
The greater contains the
less.
§3537
Superfluity does not
vitiate.
§3538
That is certain which can
be made certain.
§3539
Time does not confirm a
void act.
§3540
The incident follows the
principal, and not the principal the incident.
§3541
An interpretation which
gives effect is preferred to one which makes void.
§3542
Interpretation must be
reasonable.
§3543
Where one of two innocent
persons must suffer by the act of a third, he, by whose negligence it
happened, must be the sufferer.
§3545
Private transactions are
fair and regular.
§3546
Things happen according to
the ordinary course of nature and the ordinary habits of life.
§3547
A thing continues to exist
as long as is usual with things of that nature.
§3548
The law has been obeyed.
Comments
Post a Comment