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.)
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