Maxim 1.5.28
The laws are adapted to those cases which most frequently occur.
Ad ea quae frequentius accidunt jura adaptantur.
Source: 2 Inst. 187; Dig. 1.3.3
Difficulty 1/5 — Foundational
Explanation
Law cannot anticipate every possible circumstance — it addresses the ordinary course of events, and rare or extraordinary cases do not invalidate a rule that serves the common situation.
Where this applies
- A rare edge case is used to argue that a general law is invalid.
- Someone challenges a law because it does not cover an extremely unusual situation.
Legal domains
See also
Cite this maxim
NeCede Max. 1.5.28 — The laws are adapted to those cases which most frequently occur. — 2 Inst. 187; Dig. 1.3.3 (Ad ea quae frequentius accidunt jura adaptantur.)
Found an error? Suggest a correction →