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NeCede's

Maxim 6.3.8

In contracts, the truth of the matter ought to be regarded rather than the writing alone.

In contractibus, rei veritas potius quam scriptura perspici debet.

Source: Code 4, 22, 1; Weisman, 24j Difficulty 2/5 — Approachable

Explanation

Courts look through the written form to the true nature of the transaction — relabeling an agreement does not change its substance.

Where this applies

  • The contract says 'independent contractor' but the actual arrangement looks like employment.
  • A loan document is labeled a 'gift' but both parties treat it as a debt.

Topics

Contracts

Legal domains

contractinterpretation

See also

Cite this maxim

NeCede Max. 6.3.8 — In contracts, the truth of the matter ought to be regarded rather than the writing alone. — Code 4, 22, 1; Weisman, 24j (In contractibus, rei veritas potius quam scriptura perspici debet.)

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