Maxim 6.2.11
A contract and agreement overcome the law.
Conventio et modus vincunt legem.
Source: 2 Co. Rep. 73; Jackson
Difficulty 2/5 — Approachable
Explanation
Between competent parties dealing with their own private rights, the terms of their agreement prevail over default rules of law — the parties' will is sovereign within the bounds of public right.
Where this applies
- We specifically agreed that the normal rules don't apply to our deal.
- Our contract overrides the default legal provisions — is that allowed?
Legal domains
Cite this maxim
NeCede Max. 6.2.11 — A contract and agreement overcome the law. — 2 Co. Rep. 73; Jackson (Conventio et modus vincunt legem.)
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