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NeCede's

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.)

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