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NeCede's

Maxim 9.4.6

The names of things ought to be understood according to common usage, not according to the opinions of individuals.

Nomina rerum debent intelligi secundum communem usum, non secundum opiniones privatorum.

Source: Dig. 33, 10, 7, 2; Weisman, 17b Difficulty 1/5 — Foundational

Explanation

Words in legal instruments are construed by their common and established meaning; a private or idiosyncratic definition cannot override the understanding shared by the community.

Where this applies

  • The other side is using a private definition of a word that nobody else uses.
  • They're trying to redefine a common term to mean something unusual.
  • Words in a contract should be understood the way regular people understand them.

Legal domains

contractevidenceinterpretation

See also

Cite this maxim

NeCede Max. 9.4.6 — The names of things ought to be understood according to common usage, not according to the opinions of individuals. — Dig. 33, 10, 7, 2; Weisman, 17b (Nomina rerum debent intelligi secundum communem usum, non secundum opiniones privatorum.)

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