Skip to content
NeCede's

Maxim 10.3.11

A curious and captious interpretation in law is to be reproved.

Curiosa et captiosa interpretatio in lege reprobatur.

Source: 1 Bulst. 6; Bouvier Difficulty 1/5 — Foundational

Explanation

Strained, hair-splitting, or overly clever readings of instruments and statutes are rejected; the law favors the natural, straightforward meaning over ingenious technicality.

Where this applies

  • The other side is using a hair-splitting, overly clever reading of the contract.
  • A strained and captious interpretation should be rejected in favor of the natural meaning.
  • The court should reject tricky readings and use the straightforward one.

Legal domains

See also

Cite this maxim

NeCede Max. 10.3.11 — A curious and captious interpretation in law is to be reproved. — 1 Bulst. 6; Bouvier (Curiosa et captiosa interpretatio in lege reprobatur.)

Found an error? Suggest a correction →