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NeCede's

Maxim 6.3.22

In stipulations [within contracts,] the time when we contract is regarded.

Source: Dig. 50, 17, 144, 1; Weisman, 24h; Weisman, 24t Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The terms and conditions of a contract are interpreted as of the date of execution — subsequent changes in law or circumstance do not alter the original bargain.

Where this applies

  • A lease signed in 2020 with a fixed rent is not affected by a 2023 law that changes how rent increases are calculated — the terms are locked to the date of execution.
  • An employment contract signed before a new minimum wage law takes effect is interpreted based on the law as it existed when the parties agreed.
  • A construction contract's force majeure clause is interpreted based on what the term meant when the deal was signed, not what courts later decided it means.

Legal domains

Cite this maxim

NeCede Max. 6.3.22 — In stipulations [within contracts,] the time when we contract is regarded. — Dig. 50, 17, 144, 1; Weisman, 24h; Weisman, 24t

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