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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