Maxim 6.2.10
Where it is unclear what was agreed, we follow the usage of the place where the agreement was made.
Si non apparet quid actum est, erit consequens ut id sequamur quod in regione in qua actum est frequentatur.
Source: Dig. 50, 17, 34
Difficulty 2/5 — Approachable
Explanation
Local custom fills the gaps where the parties have been silent on a term — the law presumes they intended what is customary.
Where this applies
- The contract doesn't specify a delivery date — what's the default?
- We didn't agree on how payment would be made — what does local custom say?
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 6.2.10 — Where it is unclear what was agreed, we follow the usage of the place where the agreement was made. — Dig. 50, 17, 34 (Si non apparet quid actum est, erit consequens ut id sequamur quod in regione in qua actum est frequentatur.)
Found an error? Suggest a correction →