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NeCede's

Maxim 6.3.31

The reason is that a statute is always understood to apply to contracts made within, and not outside, its territory.

Ratio est, quia statutum intelligit semper disponere de contractibus factis intra, et non extra territorium suum.

Source: Wharton, III-292 Difficulty 3/5 — Intermediate

Explanation

A statute is understood to govern contracts made within its territory, not those made outside it — legislative power over contractual obligations stops at the territorial border.

Where this applies

  • A Texas statute regulating insurance contracts applies to policies written in Texas but has no power over a policy written in Oklahoma, even if the insured now lives in Texas.
  • A California labor law governs employment contracts made in California but does not reach an employment agreement signed in Nevada.
  • A New York usury statute applies to loans originated in New York but not to a loan contracted in Connecticut, even if the borrower later moves to New York.

Legal domains

Cite this maxim

NeCede Max. 6.3.31 — The reason is that a statute is always understood to apply to contracts made within, and not outside, its territory. — Wharton, III-292 (Ratio est, quia statutum intelligit semper disponere de contractibus factis intra, et non extra territorium suum.)

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