Maxim 10.3.8
In obscure cases, we follow that which is least obscure.
In obscuris, quod minimum est sequimur.
Source: Dig. 50, 17, 9; Broom, Max. 687; Weisman, 22ff
Difficulty 1/5 — Foundational
Explanation
When the meaning of a provision is uncertain, the clearer and more readily understood reading is to be preferred over the more obscure.
Where this applies
- There are two possible readings and one is much clearer than the other.
- In a confusing situation, follow the interpretation that's easiest to understand.
- When meaning is uncertain, pick the least obscure reading.
Legal domains
See also
Cite this maxim
NeCede Max. 10.3.8 — In obscure cases, we follow that which is least obscure. — Dig. 50, 17, 9; Broom, Max. 687; Weisman, 22ff (In obscuris, quod minimum est sequimur.)
Found an error? Suggest a correction →