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NeCede's

Maxim 1.5.261

In default of the law, the maxim rules.

Regula pro lege, si deficit lex.

Source: Bouvier, Max. Difficulty 2/5 — Approachable

Explanation

Where no statute or precedent directly governs, the maxims of law fill the gap — they are the distilled wisdom of the common law and the court's guide when all else is silent.

Where this applies

  • There is no statute or precedent directly on point, and a maxim of law provides guidance.
  • A court turns to general principles when specific law is silent.

Legal domains

See also

Cite this maxim

NeCede Max. 1.5.261 — In default of the law, the maxim rules. — Bouvier, Max. (Regula pro lege, si deficit lex.)

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