PART 4. MAXIMS OF JURISPRUDENCE

Part 4 enacted 1872.

§§ 3509–3548 · 39 sections

• § 3509 The maxims of jurisprudence hereinafter set forth are intended not to qualify any of the foregoing provisions of this code, but to aid in their just…
• § 3510 When the reason of a rule ceases, so should the rule itself.
• § 3511 Where the reason is the same, the rule should be the same.
• § 3512 One shall not change their purpose to the injury of another.
• § 3513 Any one may waive the advantage of a law intended solely for their benefit. But a law established for a public reason cannot be contravened by a private…
• § 3514 One must so use his own rights as not to infringe upon the rights of another.
• § 3515 A person who consents to an act is not wronged by it.
• § 3516 Acquiescence in error takes away the right of objecting to it.
• § 3517 No one can take advantage of their own wrong.
• § 3518 A person who has fraudulently dispossessed themselves of a thing may be treated as if they still had possession.
• § 3519 A person who can and does not forbid that which is done on their behalf, is deemed to have bidden it.
• § 3520 No one should suffer by the act of another.
• § 3521 A person who takes the benefit must bear the burden.
• § 3522 One who grants a thing is presumed to grant also whatever is essential to its use.
• § 3523 For every wrong there is a remedy.
• § 3524 Between those who are equally in the right, or equally in the wrong, the law does not interpose.
• § 3525 Between rights otherwise equal, the earliest is preferred.
• § 3526 No person is responsible for that which no person can control.
• § 3527 The law helps the vigilant, before those who sleep on their rights.
• § 3528 The law respects form less than substance.
• § 3529 That which ought to have been done is to be regarded as done, in favor of a person to whom, and against a person from whom, performance is due.
• § 3530 That which does not appear to exist is to be regarded as if it did not exist.
• § 3531 The law never requires impossibilities.
• § 3532 The law neither does nor requires idle acts.
• § 3533 The law disregards trifles.
• § 3534 Particular expressions qualify those which are general.
• § 3535 Contemporaneous exposition is in general the best.
• § 3536 The greater contains the less.
• § 3537 Superfluity does not vitiate.
• § 3538 That is certain which can be made certain.
• § 3539 Time does not confirm a void act.
• § 3540 The incident follows the principal, and not the principal the incident.
• § 3541 An interpretation which gives effect is preferred to one which makes void.
• § 3542 Interpretation must be reasonable.
• § 3543 Where one of two innocent persons must suffer by the act of a third, the person, by whose negligence it happened, must be the sufferer.
• § 3545 Private transactions are fair and regular.
• § 3546 Things happen according to the ordinary course of nature and the ordinary habits of life.
• § 3547 A thing continues to exist as long as is usual with things of that nature.
• § 3548 The law has been obeyed.