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NeCede's

Maxim 11.3.3

A proviso is to provide for the present and future, not the past.

Provisio est providere praesentia et futura, non praeterita.

Source: 2 Co. 72; Broom, Max. (3d Lond. ed.) 275; Weisman, 16e Difficulty 2/5 — Approachable

Explanation

A proviso in an instrument operates prospectively — it cannot retroactively alter obligations already performed or rights already vested.

Where this applies

  • They're trying to apply a new provision retroactively to past actions.
  • A proviso can only apply going forward, not backward to things already done.
  • The new rule shouldn't change rights that were already vested before it was enacted.

Legal domains

constitutionalinterpretation

See also

Cite this maxim

NeCede Max. 11.3.3 — A proviso is to provide for the present and future, not the past. — 2 Co. 72; Broom, Max. (3d Lond. ed.) 275; Weisman, 16e (Provisio est providere praesentia et futura, non praeterita.)

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