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NeCede's

Maxim 11.3.11

Special clauses are comprised in general ones.

Source: Dig. 50, 17, 147; Weisman, 16f Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A specific clause that falls within the scope of a general provision does not limit or narrow the general clause — the special is understood as already included within the general.

Where this applies

  • A statute grants 'all citizens the right to travel freely' and a later section specifies protections for air travel — the air-travel clause is already covered by the general right, not a limitation on it.
  • An insurance policy covers 'all losses from natural disasters' and then specifically mentions hurricanes — the hurricane clause is included within the general coverage, not a carve-out.
  • A lease gives the tenant the right to 'use all common areas' and then specifically mentions the parking lot — the parking-lot clause doesn't limit the tenant to only that area.

Legal domains

Cite this maxim

NeCede Max. 11.3.11 — Special clauses are comprised in general ones. — Dig. 50, 17, 147; Weisman, 16f

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