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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 ...
A maxim is a moral rule or principle, which can be considered dependent on one's philosophy. A maxim is often pedagogical and motivates specific actions. The Oxford Dictionary of Philosophy defines it as: Generally any simple and memorable rule or guide for living; for example, 'neither a borrower nor a lender be'.
Term used in contract law to specify terms that are voided or confirmed in effect from the execution of the contract. Cf. ex nunc. Ex turpi causa non oritur actio: ex nunc: from now on Term used in contract law to specify terms that are voided or confirmed in effect only in the future and not prior to the contract, or its adjudication. Cf. ex ...
"Everything which is not forbidden is allowed" is a legal maxim. It is the concept that any action can be taken unless there is a law against it. [1] [2] It is also known in some situations as the "general power of competence" whereby the body or person being regulated is acknowledged to have competent judgement of their scope of action.
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A contradiction in conception happens when, if a maxim were to be universalized, it ceases to make coherent sense because the "maxim would necessarily destroy itself as soon as it was made a universal law." [18] For example, if maxims equivalent to 'I will break a promise when doing so secures my advantage' were universalized, no one would ...
At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmae) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was highly fictitious, being in theory only for the recovery of a term for years, and brought by a ...