Maxim 10.3.2
In an ambiguous expression of law, that meaning is to be preferred which is consonant with equity, especially when the spirit of the law can be gathered from it.
In ambigua voce legis, ea potius accipienda est significatio quae vitio caret, praesertim cum etiam voluntas legis ex hoc colligi possit.
Source: Dig. 1, 3, 19; Broom, Max. 576; Weisman, 6f
Difficulty 2/5 — Approachable
Explanation
Where the law speaks with a double tongue, the meaning which accords with justice and reason is preferred over that which leads to inequity.
Where this applies
- The law's language is ambiguous and the meaning that fits equity should be chosen.
- Between two possible meanings of a vague law, the just interpretation wins.
- An ambiguous expression should be read in the way that avoids inequity.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 10.3.2 — In an ambiguous expression of law, that meaning is to be preferred which is consonant with equity, especially when the spirit of the law can be gathered from it. — Dig. 1, 3, 19; Broom, Max. 576; Weisman, 6f (In ambigua voce legis, ea potius accipienda est significatio quae vitio caret, praesertim cum etiam voluntas legis ex hoc colligi possit.)
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