Sections
39 entriesSection 3509Establishes that the following maxims of jurisprudence are intended to aid the just application of the code’s preceding provisions and not to…Section 3510Establishes the maxim that when the reason for a rule ceases, the rule itself should also cease. The principle connects the continued…Section 3511Establishes that where the reason is the same, the rule should be the same. The provision states that the same reason should…Section 3512Prohibits a person from changing their purpose to the injury of another. The provision states that a person must not change their…Section 3513Allows a person to waive the benefit of a law enacted solely for that person’s advantage. It bars private agreements from contravening…Section 3514Limits a person’s use of their own rights by requiring those rights to be used without infringing the rights of another. The…Section 3515Establishes that a person who consents to an act is not wronged by that act. The provision makes consent to the act…Section 3516Bars a person who has acquiesced in an error from later objecting to that error. The provision makes acquiescence itself the basis…Section 3517Bars a person from taking advantage of that person’s own wrong. The provision states that no one may obtain an advantage from…Section 3518Allows a person who fraudulently dispossessed themselves of a thing to be treated as though they still possessed it. The provision permits…Section 3519Establishes that a person who can forbid something done on their behalf but does not forbid it is deemed to have bidden…Section 3520Establishes that no one should suffer by the act of another. The provision states that one person should not suffer because of…Section 3521Establishes that a person who takes the benefit must bear the burden. The provision links taking the benefit with bearing the burden…Section 3522Establishes a presumption that a person who grants a thing also grants whatever is essential to its use. The provision treats whatever…Section 3523Establishes the maxim that every wrong has a remedy. The rule links the existence of a wrong with the existence of a…Section 3524Establishes the maxim that the law does not interpose between persons who are equally in the right or equally in the wrong.…Section 3525Establishes priority between otherwise equal rights by preferring the right that arose earliest. The rule applies only when the competing rights are…Section 3526Exempts a person from responsibility for something that no person can control. The maxim ties responsibility to the possibility of human control,…Section 3527Establishes the maxim that the law helps people who are vigilant before those who sleep on their rights. The principle gives legal…Section 3528Establishes the maxim that the law respects form less than substance. The provision repeats that comparative rule by placing form and substance…Section 3529Establishes that what ought to have been done is regarded as done in favor of the person to whom performance is due…Section 3530Establishes that something which does not appear to exist is to be regarded as though it did not exist. The provision makes…Section 3531Establishes that the law never requires impossibilities. The provision states that an impossibility is not something the law requires and repeats that…Section 3532Establishes that the law neither does nor requires idle acts. The provision states both parts of the rule: the law does not…Section 3533Establishes the maxim that the law disregards trifles. The rule directs that matters characterized as trifles are not given legal regard under…Section 3534Establishes the maxim that particular expressions qualify general expressions. The rule states a qualifying relationship between particular language and general language, under…Section 3535Establishes that an explanation made at the same time is generally the best explanation. The provision gives general preference to an explanation…Section 3536Establishes the interpretive maxim that the greater contains the less. The rule states a containment relationship between what is greater and what…Section 3537Establishes that unnecessary matter does not invalidate. The provision states that superfluous matter does not invalidate and treats that relationship as the…Section 3538Establishes the interpretive maxim that something is certain if it can be made certain. The rule treats the ability to make a…Section 3539Establishes the maxim that time does not confirm a void act. The rule states that the passage of time does not supply…Section 3540Establishes the maxim that the incident follows the principal and the principal does not follow the incident. The rule states the direction…Section 3541Establishes a preference for an interpretation that gives effect over an interpretation that makes the matter void. The rule directs interpretation toward…Section 3542Requires interpretation to be reasonable. The maxim makes reasonableness the required quality of interpretation and states that interpretation must satisfy that standard,…Section 3543Requires the loss to fall on the innocent person whose negligence enabled a third person's act when one of two innocent persons…Section 3545Establishes that private transactions are fair and regular. The provision applies that stated characterization to private transactions, identifying fairness and regularity as…Section 3546Establishes the maxim that things happen according to the ordinary course of nature and the ordinary habits of life. The rule states…Section 3547Establishes that a thing continues to exist for as long as is usual for things of the same nature. The rule measures…Section 3548Establishes the maxim that the law has been obeyed. The provision states obedience to the law as the operative maxim, without identifying…