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NeCede's

Maxim 1.5.73

We generally interpret in favour of the promisor.

Fere secundum promissorem interpretamur.

Source: D. 45, 1, 99; Jackson Difficulty 3/5 — Intermediate

Explanation

Ambiguities in an obligation are construed in favor of the one who made the promise — the promisor is not held to more than he clearly undertook.

Where this applies

  • An ambiguous promise is being interpreted against the person who made it.
  • The meaning of a vague contract term is disputed, and the promisor argues for the narrower reading.

Legal domains

Cite this maxim

NeCede Max. 1.5.73 — We generally interpret in favour of the promisor. — D. 45, 1, 99; Jackson (Fere secundum promissorem interpretamur.)

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