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NeCede's

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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