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Intentio Inservire Debet Legibus, Non Leges Intentioni
Understanding Intentio Inservire Debet Legibus, Non Leges Intentioni in Law
Definition & Meaning
The phrase "intentio inservire debet legibus, non leges intentioni" translates to "intention ought to be subservient to the laws, not the laws to the intention." This Latin maxim emphasizes that legal interpretation should prioritize established laws over individual intentions. In essence, it underscores the principle that laws govern actions, and personal motives should align with these laws rather than dictate them.
Table of content
Legal Use & context
This principle is commonly applied in various legal contexts, including civil law, contract law, and criminal law. It serves as a guiding doctrine for judges and attorneys when interpreting statutes and legal agreements. By adhering to this maxim, legal practitioners ensure that the rule of law is maintained and that individual intentions do not undermine established legal frameworks.
Users can find relevant legal forms and templates through US Legal Forms, which can help them navigate situations where this principle may apply, such as drafting contracts or understanding legal obligations.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person signs a contract with the intention of fulfilling it but later claims they misunderstood the terms. The court will likely uphold the contract based on its written terms, regardless of the individual's intentions.
Example 2: A driver may intend to avoid an accident and speeds through a red light. Even with good intentions, they can still face legal penalties for violating traffic laws. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Application of Principle
California
Strict adherence to written law in contract disputes.
New York
Emphasis on intent in contract interpretation, but still prioritizes written terms.
Texas
Focus on clear language in contracts, minimizing the role of intention.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Difference
Intent
The purpose or goal behind an action.
Intent refers to personal motives, while the maxim prioritizes law over intent.
Legal Interpretation
The process of determining the meaning of laws.
Legal interpretation can consider intent but must ultimately align with statutory language.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where this principle may apply, consider the following steps:
Review the relevant laws or contracts to understand your obligations.
Consult with a legal professional if you are unsure about how the law applies to your intentions.
Explore US Legal Forms for templates that can help you draft or respond to legal documents effectively.
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