Skip to content
NeCede's

Maxim 9.5.8

The law suffers nothing contrary to truth.

Lex non patitur aliquid contra veritatem.

Source: 2 Inst. 252; Weisman, 101c Difficulty 2/5 — Approachable

Explanation

No fiction, no presumption, and no procedural rule may be carried so far as to contradict established truth; where truth is known, it must prevail.

Where this applies

  • A legal fiction or procedural rule is being used to deny what's obviously true.
  • The court is letting a technicality override the actual facts.
  • No rule or presumption should be carried so far that it contradicts the truth.

Topics

Legal domains

See also

Cite this maxim

NeCede Max. 9.5.8 — The law suffers nothing contrary to truth. — 2 Inst. 252; Weisman, 101c (Lex non patitur aliquid contra veritatem.)

Found an error? Suggest a correction →