Understanding Interpretatio Fienda Est Ut Res Magis Valeat Quam Pereat in Legal Context
Definition & Meaning
The phrase "Interpretatio fienda est ut res magis valeat quam pereat" translates to "Interpretation should be made so that the matter may have effect rather than fail." This legal maxim emphasizes that when interpreting laws or statutes, the intention is to ensure that the law is effective and serves its purpose, rather than allowing it to become void or ineffective. It reflects a principle in legal interpretation that prioritizes the functionality of legal provisions.
Legal Use & context
This maxim is commonly used in various areas of law, including civil law, statutory interpretation, and administrative law. It serves as a guiding principle for judges and legal practitioners when they encounter ambiguous language in legislation or legal documents. By applying this maxim, legal professionals aim to uphold the intent of the law, ensuring that legal measures achieve their intended outcomes.
Real-world examples
Here are a couple of examples of abatement:
For instance, if a law intended to regulate a specific type of business inadvertently contains vague language, courts may interpret the law in a way that fulfills its purpose, rather than declaring it void due to ambiguity. This ensures that businesses remain compliant with regulations that are meant to protect public interests.
(Hypothetical example): A statute intended to regulate online commerce may have unclear definitions. A court may interpret the statute to include various forms of digital transactions, thus ensuring that the law applies effectively to current business practices.