Maxim 6.3.16
In the agreements of contracting parties, the rule is to regard the intention rather than the words.
In conventionibus contrahentium voluntatem potius quam verba spectari placuit.
Source: Dig. 50, 16, 219; Bouvier, *Law Dictionary* (1856)
Difficulty 2/5 — Approachable
Explanation
Where the intention of the parties is clear, the law gives effect to that intention even though the words employed are imperfect — substance governs form.
Where this applies
- The contract words aren't perfect but both parties clearly understood the intent.
- We know what we meant when we signed the deal even though the language is awkward.
Legal domains
See also
Cite this maxim
NeCede Max. 6.3.16 — In the agreements of contracting parties, the rule is to regard the intention rather than the words. — Dig. 50, 16, 219; Bouvier, *Law Dictionary* (1856) (In conventionibus contrahentium voluntatem potius quam verba spectari placuit.)
Found an error? Suggest a correction →