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The maxim is a shortened form of the fuller 18th-century formulation: qui facit per alium, est perinde ac si facit per se ipsum: "whoever acts through another acts as if he were doing it himself." Indirectly, the principle is in action or present in the duty that has been represented by the agent so the duty performed will be seen as the ...
A legal maxim is an established principle or proposition of law, and a species of aphorism and general maxim.The word is apparently a variant of the Latin maxima, but this latter word is not found in extant texts of Roman law with any denotation exactly analogous to that of a legal maxim in the Medieval or modern definition, but the treatises of many of the Roman jurists on regular ...
legal business 1. In French-law-based systems, refers to the legal operation, activity, or fact embodied or memorialized by a legal instrument (as opposed to the instrument itself, known as an instrumentum); 2. In German-law-based systems, refers to a transactional act, the main sub-type of legal acts. See also actus iuridicus. non bis in idem
Volenti non fit iniuria (or injuria) (Latin: "to a willing person, injury is not done") is a Roman legal maxim and common law doctrine which states that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the other party in tort or delict.
The phrase was absorbed by the British legal system, becoming a maxim by the early 19th century. [3] It was also absorbed into American common law, cited repeatedly by that country's Founding Fathers, later becoming a form of words drilled into law students all the way into the 21st century. [4]
"Delays in the law are hateful" – In diem vivere in lege sunt detestabilis – is a Latin legal maxim. [15] On the other hand, "No delay [in law] is long concerning the death of a man," is another Latin lawyer's aphorism. [15] And, "It is not to be imagined, that the King will be guilty of vexatious delays." [16]
(2) The power of the state serves all citizens and can be only applied in cases, under limitations and through uses specified by a law. (3) Every citizen can do anything that is not forbidden by the law, and no one can be forced to do anything that is not required by a law. The same principles are reiterated in the Czech Bill of Rights, Article 2.
Although Edward Law, 1st Baron Ellenborough (pictured) rejected a categorical application of the rule falsus in uno, falsus in omnibus for English courts in the year 1809, the doctrine survives in some American jurisdictions. [1] Falsus in uno, falsus in omnibus is a Latin [2] maxim [3] meaning "false in one thing, false in everything". [4]