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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