Maxim 6.2.7
The express agreement of the parties overcomes the law, because the agreement of the parties makes the law of the contract.
Expressa partium conventio vincit legem, quia conventio partium facit legem contractus.
Source: Story, Ag. s. 368; Dig. 16, 3, 1, 6; 2 Co. 73; Weisman, 5l
Difficulty 2/5 — Approachable
Explanation
Between competent parties dealing with their own rights, the agreement controls — but this maxim yields where public right is at stake (see 6.2.6).
Where this applies
- Our written contract specifically says X but the standard law says Y — which controls?
- We agreed to different payment terms than what the statute provides — is our agreement valid?
Legal domains
See also
Cite this maxim
NeCede Max. 6.2.7 — The express agreement of the parties overcomes the law, because the agreement of the parties makes the law of the contract. — Story, Ag. s. 368; Dig. 16, 3, 1, 6; 2 Co. 73; Weisman, 5l (Expressa partium conventio vincit legem, quia conventio partium facit legem contractus.)
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