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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