Maxim 1.5.203
When provision of party is wanting, provision of law is present.
Quando abest provisio partis, adest provisio legis.
Source: cited 18 C. B. 960; Jackson
Difficulty 1/5 — Foundational
Explanation
Where the parties to a contract have failed to address a particular matter, the law supplies the missing term — default rules fill the gaps that private agreement leaves open.
Where this applies
- A contract is silent on a particular issue and the parties disagree about what should happen.
- Two parties made a deal but forgot to address a key term.
Legal domains
Cite this maxim
NeCede Max. 1.5.203 — When provision of party is wanting, provision of law is present. — cited 18 C. B. 960; Jackson (Quando abest provisio partis, adest provisio legis.)
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