Code Section Group

Civil Code - CIV

DIVISION 4. GENERAL PROVISIONS [3274 - 9566]

  ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. )

PART 4. MAXIMS OF JURISPRUDENCE [3509 - 3548]
  ( Part 4 enacted 1872. )

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 application.

(Amended by Stats. 2013, Ch. 76, Sec. 20. Effective January 1, 2014.)

3510.
  

When the reason of a rule ceases, so should the rule itself.

(Enacted 1872.)

3511.
  

Where the reason is the same, the rule should be the same.

(Enacted 1872.)

3512.
  

One must not change his purpose to the injury of another.

(Enacted 1872.)

3513.
  

Any one may waive the advantage of a law intended solely for his benefit. But a law established for a public reason cannot be contravened by a private agreement.

(Enacted 1872.)

3514.
  

One must so use his own rights as not to infringe upon the rights of another.

(Enacted 1872.)

3515.
  

He who consents to an act is not wronged by it.

(Enacted 1872.)

3516.
  

Acquiescence in error takes away the right of objecting to it.

(Enacted 1872.)

3517.
  

No one can take advantage of his own wrong.

(Enacted 1872.)

3518.
  

He who has fraudulently dispossessed himself of a thing may be treated as if he still had possession.

(Enacted 1872.)

3519.
  

He who can and does not forbid that which is done on his behalf, is deemed to have bidden it.

(Enacted 1872.)

3520.
  

No one should suffer by the act of another.

(Enacted 1872.)

3521.
  

He who takes the benefit must bear the burden.

(Enacted 1872.)

3522.
  

One who grants a thing is presumed to grant also whatever is essential to its use.

(Enacted 1872.)

3523.
  

For every wrong there is a remedy.

(Enacted 1872.)

3524.
  

Between those who are equally in the right, or equally in the wrong, the law does not interpose.

(Enacted 1872.)

3525.
  

Between rights otherwise equal, the earliest is preferred.

(Enacted 1872.)

3526.
  

No man is responsible for that which no man can control.

(Enacted 1872.)

3527.
  

The law helps the vigilant, before those who sleep on their rights.

(Enacted 1872.)

3528.
  

The law respects form less than substance.

(Enacted 1872.)

3529.
  

That which ought to have been done is to be regarded as done, in favor of him to whom, and against him from whom, performance is due.

(Enacted 1872.)

3530.
  

That which does not appear to exist is to be regarded as if it did not exist.

(Enacted 1872.)

3531.
  

The law never requires impossibilities.

(Enacted 1872.)

3532.
  

The law neither does nor requires idle acts.

(Enacted 1872.)

3533.
  

The law disregards trifles.

(Enacted 1872.)

3534.
  

Particular expressions qualify those which are general.

(Enacted 1872.)

3535.
  

Contemporaneous exposition is in general the best.

(Enacted 1872.)

3536.
  

The greater contains the less.

(Enacted 1872.)

3537.
  

Superfluity does not vitiate.

(Enacted 1872.)

3538.
  

That is certain which can be made certain.

(Enacted 1872.)

3539.
  

Time does not confirm a void act.

(Enacted 1872.)

3540.
  

The incident follows the principal, and not the principal the incident.

(Enacted 1872.)

3541.
  

An interpretation which gives effect is preferred to one which makes void.

(Enacted 1872.)

3542.
  

Interpretation must be reasonable.

(Enacted 1872.)

3543.
  

Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer.

(Enacted 1872.)

3545.
  

Private transactions are fair and regular.

(Added by Stats. 1965, Ch. 299.)

3546.
  

Things happen according to the ordinary course of nature and the ordinary habits of life.

(Added by Stats. 1965, Ch. 299.)

3547.
  

A thing continues to exist as long as is usual with things of that nature.

(Added by Stats. 1965, Ch. 299.)

3548.
  

The law has been obeyed.

(Added by Stats. 1965, Ch. 299.)

CIVCivil Code - CIV