Legal Maxims Part 11

1. Nemo judex in causa sua

Meaning: No one should be a judge in his own cause.

Explanation: This maxim emphasizes the principle of impartiality in judicial proceedings. It asserts that a person should not participate in the decision-making process if he  has a personal interest in the outcome. This is fundamental to ensuring fair trials and avoiding conflicts of interest in legal matters.

2. Pacta sunt servanda

Meaning: Agreements must be kept.

Explanation: This principle underlines the importance of the sanctity of contracts in legal systems. It signifies that parties to a contract are obligated to fulfill their promises and terms outlined in the agreement. It forms the foundation of contract law and encourages trust and reliability in commercial relationships.

3. Ubi jus ibi remedium

Meaning: Where there is a right, there is a remedy.

Explanation: This maxim asserts that if a legal right has been violated, the law must provide a remedy to the injured party. It reflects the idea that justice should be accessible and that legal systems must ensure that individuals can seek redress when their rights are infringed.

4. Vigilantibus non dormientibus jura subveniunt

Meaning: The law assists those who are vigilant, not those who sleep on their rights.

Explanation: This principle emphasizes the importance of actively pursuing one’s legal rights. It implies that individuals must be proactive in asserting their rights and not neglect them, as failure to act in a timely manner may result in losing the right to seek legal recourse.

5. Quod est necessarium est licitum

Meaning: What is necessary is lawful.

Explanation: This maxim suggests that actions taken out of necessity may be considered lawful, even if they would otherwise be illegal. It recognizes that in certain situations, individuals may need to act in a manner that would not normally be permissible under the law to prevent greater harm or injustice.