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NeCede's

Maxim 10.5.5

The expression of things that are tacitly implied avails nothing.

Expressio eorum quae tacite insunt nihil operatur.

Source: 2 Inst. 365; Dig. 50, 15, 5 Difficulty 2/5 — Approachable

Explanation

Stating explicitly what the law would already imply adds nothing; the express mention of what was already present by implication neither enlarges nor diminishes the right.

Where this applies

  • The contract states something that the law would have implied anyway — does that change anything.
  • Explicitly mentioning what was already implied neither adds nor takes away rights.
  • Spelling out what the law already provides doesn't create a new obligation.

Legal domains

See also

Cite this maxim

NeCede Max. 10.5.5 — The expression of things that are tacitly implied avails nothing. — 2 Inst. 365; Dig. 50, 15, 5 (Expressio eorum quae tacite insunt nihil operatur.)

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