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NeCede's

Maxim 6.3.17

By a contract something is permitted which, without it, could not be admitted.

Pacto aliquod licitum est, quod sine pacto non admittitur.

Source: Co. Litt. 166; Bouvier, *Law Dictionary* (1856); Weisman, 24r Difficulty 2/5 — Approachable

Explanation

The parties may lawfully agree to terms that would not otherwise exist by operation of law — the contract creates its own permissions within the bounds of public right.

Where this applies

  • Our contract allows us to do something that normally wouldn't be permitted.
  • We agreed to special terms that go beyond what the default rules provide.

Legal domains

See also

Cite this maxim

NeCede Max. 6.3.17 — By a contract something is permitted which, without it, could not be admitted. — Co. Litt. 166; Bouvier, *Law Dictionary* (1856); Weisman, 24r (Pacto aliquod licitum est, quod sine pacto non admittitur.)

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