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An example is law prohibiting genocide. jus gentium: law of nations Customary law followed by all nations. Nations being at peace with one another, without having to have an actual peace treaty in force, would be an example of this concept. jus in bello: law in war Laws governing the conduct of parties in war. jus inter gentes: law between 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 ...
(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.
The maxim also means the parties cannot limit the court's legal cognition (that is, the authority to determine the applicable law). [ 3 ] In its most wide-reaching form, the principle of iura novit curia allows the court to base its decision on a legal theory that has not been the subject of argument by the parties. [ 4 ]
Maxims of equity; Maxwellisation; Medical necessity; Meeting of the minds; Merger doctrine; Merger doctrine (civil procedure) Merger doctrine (copyright law) Merger doctrine (family law) Merger doctrine (property law) Merger doctrine (trust law) Mirror image rule; Mistake (contract law) Mootness; Moral certainty; Mosaic theory of the Fourth ...
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness.
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.
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'.