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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