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NeCede's

Maxim 10.3.10

When a thing done is in obscurity, it receives interpretation from the affection of each party.

Quod factum est, cum in obscuro sit, ex affectione cujusque capit interpretationem.

Source: Dig. 50, 17, 168, 1; Bouvier Difficulty 2/5 — Approachable

Explanation

Where an act is ambiguous, each party's intent and disposition at the time of the act furnishes the guide to its meaning — the doubtful deed is construed according to the doer's demonstrated purpose.

Where this applies

  • What someone did is ambiguous so their attitude and purpose at the time should help explain it.
  • When an act is unclear, look at the disposition and intent of the person who did it.
  • The doer's demonstrated purpose guides interpretation of an ambiguous act.

Legal domains

Cite this maxim

NeCede Max. 10.3.10 — When a thing done is in obscurity, it receives interpretation from the affection of each party. — Dig. 50, 17, 168, 1; Bouvier (Quod factum est, cum in obscuro sit, ex affectione cujusque capit interpretationem.)

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