Understanding Generalia Specialibus Non Derogant: A Key Legal Principle
Definition & Meaning
The phrase "generalia specialibus non derogant" is a Latin legal maxim that translates to "general things do not detract from specific things." This principle asserts that when a specific law or provision applies to a situation, it takes precedence over more general laws. In other words, specific laws should be followed instead of general ones when both could apply to the same issue. This concept is foundational in statutory interpretation, guiding how laws are applied in various legal contexts.
Legal Use & context
This principle is commonly used in various areas of law, including civil, criminal, and administrative law. It helps courts and legal practitioners determine which laws to apply when there are conflicting provisions. For instance, in contract law, if a specific contract clause addresses a particular issue, that clause will govern the situation over any general contract principles. Users can manage related legal matters using templates available through US Legal Forms, which are drafted by qualified attorneys.
Real-world examples
Here are a couple of examples of abatement:
For example, in family law, a specific statute may outline the procedure for child custody arrangements. If a general law regarding family disputes exists, the specific custody statute will apply, ensuring that the best interests of the child are prioritized.
(Hypothetical example) In a contract dispute, if a specific clause states that damages are limited to a certain amount, that clause will govern the situation, even if general contract law suggests different remedies.