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Understanding Ut Res Magis Valeat Quam Pereat: A Key Legal Principle
Definition & Meaning
The phrase "Ut res magis valeat quam pereat" is a legal principle derived from Latin, which translates to "that the thing may have effect rather than perish." This concept emphasizes the importance of interpreting laws in a way that allows them to be effective and functional, rather than rendering them void or ineffective. Essentially, it encourages courts and legal practitioners to apply laws in a manner that upholds their intended purpose.
Table of content
Legal Use & context
This principle is commonly used in various areas of law, including civil law, contract law, and statutory interpretation. It serves as a guiding tenet for judges and attorneys when they encounter ambiguous or unclear laws. By prioritizing the enforcement of laws, this principle helps ensure that legal frameworks remain robust and functional. Users can utilize legal templates from US Legal Forms to navigate situations where this principle may apply, particularly in drafting contracts or interpreting statutes.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A court may apply this principle when interpreting a contract that has ambiguous terms, ensuring that the contract remains enforceable rather than voiding it due to uncertainty.
Example 2: In statutory interpretation, if a law contains a minor error, courts may choose to correct the error in a way that aligns with the law's intended effect, rather than discarding the entire statute. (hypothetical example)
Comparison with related terms
Term
Definition
Difference
Statutory Interpretation
The process by which courts interpret and apply legislation.
This principle emphasizes the effectiveness of laws, while statutory interpretation can lead to different outcomes based on judicial reasoning.
Legal Nullification
The act of declaring a law void or without legal effect.
This principle opposes nullification, advocating for the enforcement of laws instead.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a legal situation where this principle may apply, consider consulting legal resources or templates available through US Legal Forms. These tools can help you draft documents or understand your legal rights and obligations. If your situation is complex, seeking professional legal advice is recommended.
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