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NeCede's

Maxim 12.3.3

That is certain which can be made certain; but that is more certain which is certain of itself.

Certum est quod certum reddi potest; sed id magis certum est quod de se certum est.

Source: 9 Co. 47a; Broom, Max. 624 Difficulty 2/5 — Approachable

Explanation

While both forms satisfy the law, a self-evident term is always preferred over one requiring extrinsic proof — precision in drafting eliminates future dispute.

Where this applies

  • A term that's certain on its own is better than one requiring outside proof.
  • Self-evident definitions are always preferred over those needing extrinsic evidence.
  • Precision in drafting prevents future disputes.

Legal domains

contractinterpretation

See also

Cite this maxim

NeCede Max. 12.3.3 — That is certain which can be made certain; but that is more certain which is certain of itself. — 9 Co. 47a; Broom, Max. 624 (Certum est quod certum reddi potest; sed id magis certum est quod de se certum est.)

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