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NeCede's

Maxim 11.2.9

Intention is the soul of an instrument.

Animus hominis est anima scripti.

Source: 8 Bulst. 67; Jackson Difficulty 1/5 — Foundational

Explanation

The intent of the maker is the animating principle of every written instrument; without ascertaining intent, the instrument is a dead letter.

Where this applies

  • The intent behind the document is the key to understanding it.
  • Without knowing what the maker intended, the written instrument is a dead letter.
  • The animating principle of any written instrument is the intent of its creator.

Legal domains

See also

Cite this maxim

NeCede Max. 11.2.9 — Intention is the soul of an instrument. — 8 Bulst. 67; Jackson (Animus hominis est anima scripti.)

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