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NeCede's

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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