Maxim 1.5.160
Names ought to be regarded not by the opinions of individuals, but by common use.
Non ex opinionibus singulorum sed ex communi usu nomina exaudiri debent.
Source: D. 38, 10, 7; Jackson
Difficulty 1/5 — Foundational
Explanation
Legal terms are to be understood according to their ordinary and customary meaning, not according to any private or idiosyncratic definition a party may assign to them.
Where this applies
- A party redefines a common legal term to mean something different.
- Someone argues that a word in a contract has a special private meaning.
Legal domains
Cite this maxim
NeCede Max. 1.5.160 — Names ought to be regarded not by the opinions of individuals, but by common use. — D. 38, 10, 7; Jackson (Non ex opinionibus singulorum sed ex communi usu nomina exaudiri debent.)
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