Understanding Quaelibet Concessio Fortissime Contra Donatorem Interpretanda Est: A Legal Insight
Definition & Meaning
The phrase "quaelibet concessio fortissime contra donatorem interpretanda est" is a legal maxim in Latin that translates to "every grant is to be interpreted most strictly against the grantor." This principle emphasizes that when interpreting legal agreements or grants, any ambiguity or uncertainty should be resolved in favor of the recipient rather than the person who made the grant. This approach ensures fairness, as it protects the interests of the party receiving the grant.
Legal Use & context
This maxim is commonly applied in various areas of law, particularly in contract law and property law. It is used to ensure that the intentions of the grantor are clear and that any potential loopholes or vague language do not unfairly benefit the grantor. Legal practitioners often reference this maxim in cases involving contracts, guarantees, and other agreements where the terms may be disputed. Users can manage related legal documents using templates provided by services like US Legal Forms.
Real-world examples
Here are a couple of examples of abatement:
For instance, if a property owner grants an easement to a neighbor but the terms are vague about the easement's scope, any uncertainties would be interpreted in favor of the neighbor, not the property owner. (hypothetical example)
In the case of Mason v. Pritchard, the court ruled that any doubts regarding the guaranty should be interpreted against the guarantor, reinforcing the principle that a man's grant shall be construed most strongly against himself.