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NeCede's

Maxim 10.6.5

The specific derogates from the general.

Specialis derogat generali.

Source: Halk. Max. 51; Jenk. Cent. 199 Difficulty 1/5 — Foundational

Explanation

When a general and a specific provision conflict, the specific provision controls; the legislature is presumed to have enacted the special rule with the general one in mind.

Where this applies

  • The specific provision should control over the general one when they conflict.
  • A specific rule overrides a general rule on the same subject.
  • When there's a conflict between a broad statute and a narrow one, the narrow one wins.

Legal domains

See also

Cite this maxim

NeCede Max. 10.6.5 — The specific derogates from the general. — Halk. Max. 51; Jenk. Cent. 199 (Specialis derogat generali.)

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