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NeCede's

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.)

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