Maxim 1.5.301
That shall be preserved which is useful in the beginning.
Source: Dig. 50, 17, 23; Bract. 73b; Weisman, 95o
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A provision, grant, or right that served a lawful purpose at its inception should be maintained and enforced rather than discarded by later construction.
Where this applies
- A clause in a corporate charter that originally served to protect minority shareholders is challenged decades later as outdated, but the court preserves it because it was useful at the outset.
- A treaty provision that prevented border conflicts when first enacted is attacked as unnecessary in peacetime, but the court retains it because provisions useful at their inception should be maintained.
- A constitutional amendment that safeguarded voting rights at the time of its ratification is challenged as obsolete, but the court holds that what was useful at the beginning should be preserved.
Legal domains
Cite this maxim
NeCede Max. 1.5.301 — That shall be preserved which is useful in the beginning. — Dig. 50, 17, 23; Bract. 73b; Weisman, 95o
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