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NeCede's

Maxim 10.5.7

Things expressed may be prejudicial; things not expressed are not.

Expressa nocent, non expressa non nocent.

Source: Dig. 50, 17, 195; Dig. 35, 1, 52; Weisman, 43e Difficulty 1/5 — Foundational

Explanation

A party is bound by what he has expressed but not by what he has left unsaid; only the expressed terms of a contract or instrument create obligations.

Where this applies

  • I can only be bound by what I actually expressed, not by what I left unsaid.
  • Things I didn't put in the contract can't be used against me.
  • Only the expressed terms create obligations — silence creates none.

Legal domains

contractinterpretation

See also

Cite this maxim

NeCede Max. 10.5.7 — Things expressed may be prejudicial; things not expressed are not. — Dig. 50, 17, 195; Dig. 35, 1, 52; Weisman, 43e (Expressa nocent, non expressa non nocent.)

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