Maxim 10.1.11
Laws are to be more liberally interpreted so that their intent may be preserved.
Leges ad meliora contrahendas interpretandae sunt.
Source: Dig. 1, 3, 18; Dig. 1, 3, 16; Weisman, 22b
Difficulty 2/5 — Approachable
Explanation
Where a strict reading of a law would defeat its purpose, a broader reading that preserves the legislative intent is to be preferred.
Where this applies
- A strict reading of this law would completely defeat its purpose.
- The legislature clearly intended something broader than the narrow literal text.
- The law should be interpreted more broadly to preserve what it was meant to accomplish.
Legal domains
See also
- 10.1.1 Liberal constructions of written instruments are to be made, on account of the simplicity of the common people, so that the thing may have effect rather than perish; and words should serve the intention, not the intention the words.
- 10.1.5 Interpretation is always to be made so that what is absurd and inconvenient may be avoided.
Cite this maxim
NeCede Max. 10.1.11 — Laws are to be more liberally interpreted so that their intent may be preserved. — Dig. 1, 3, 18; Dig. 1, 3, 16; Weisman, 22b (Leges ad meliora contrahendas interpretandae sunt.)
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