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NeCede's

Maxim 5.7.3

We interpret the charters and deeds of laymen benignly, on account of their simplicity.

Benigne interpretamur chartas propter simplicitatem laicorum.

Source: Jenk. Cent. 81; Dig. 50.17.12; Broom, Max. 437, 568 Difficulty 1/5 — Foundational

Explanation

Instruments drafted by laymen — deeds, charters, wills, and other writings — are construed liberally, because those unskilled in legal language should not be defeated by technical deficiency when their intent is discernible. This rule applies with special force to wills, where the testator can no longer clarify his meaning.

Where this applies

  • My uncle wrote his will without a lawyer and used informal language — should the court throw it out?
  • The will has grammatical errors and odd phrasing but the meaning is clear enough.

Legal domains

See also

Cite this maxim

NeCede Max. 5.7.3 — We interpret the charters and deeds of laymen benignly, on account of their simplicity. — Jenk. Cent. 81; Dig. 50.17.12; Broom, Max. 437, 568 (Benigne interpretamur chartas propter simplicitatem laicorum.)

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