20 GCA REMEDIES MAXIMS OF JURISPRUDENCE PART 4 MAXIMS OF JURISPRUDENCE § 15101

The maxims of jurisprudence hereinafter set forth are intended not to qualify any of the foregoing provisions of this Title, [nor Titles 18, 19 or 21 of this Code], but to aid in their just application. SOURCE: CC § 3509. NOTE: The Compiler added the matter in italics to indicate everything that was included in the original reference to "this Code" in the original Civil Code

§ 15102

When the reason for a rule ceases, so should the rule itself

SOURCE: CC § 3510

§ 15103

Where the reason is the same, the rule should be the same

SOURCE: CC § 3511

§ 15104

One must not change his purpose to the injury of another

SOURCE: CC § 3512

§ 15105

Anyone may waive the advantage of a law intended solely for his benefit. But a law established for a public reason cannot be contravened by a private agreement. SOURCE: CC § 3513

§ 15106

One must so use his own rights as not to infringe upon the rights of another

SOURCE: CC § 3514

§ 15107

He who consents to an act is not wronged by it. SOURCE: CC § 3515

§ 15108

COL120106 1 20 GCA REMEDIES MAXIMS OF JURISPRUDENCE Acquiescence in error takes away the right of objecting to it. SOURCE: CC § 3516

§ 15109

No one can take advantage of his own wrong. SOURCE: CC § 3517

§ 15110

He who has fraudulently dispossessed him-self of a thing may be treated as if he still had possession. SOURCE: CC § 3518

§ 15111

He who can and does not forbid that which is done on his behalf is deemed to have bidden it

SOURCE: CC § 3519

§ 15112

No one should suffer by the act of another

SOURCE: CC § 3520

§ 15113

He who takes the benefit must bear the burden

SOURCE: CC § 3521

§ 15114

One who grants a thing is presumed to grant also whatever is essential to its use

SOURCE: CC § 3522

§ 15115

For every wrong there is a remedy

SOURCE: CC § 3523

§ 15116

Between those who are equally in the right, or equally in the wrong, the law does not interpose

SOURCE: CC § 3524

§ 15117

COL120106 2 20 GCA REMEDIES MAXIMS OF JURISPRUDENCE Between rights otherwise equal, the earliest is preferred. SOURCE: CC § 3525

§ 15118

No man is responsible for that which no man can control

SOURCE: CC § 3526

§ 15119

The law helps the vigilant, before those who sleep on their rights

SOURCE: CC § 3527

§ 15120

The law respects form less than substance

SOURCE: CC § 3528

§ 15121

That which ought to have been done is to be regarded as done, in favor of him to whom, and against him from whom, performance is due. SOURCE: CC § 3529

§ 15122

That which does not appear to exist is to be regarded as if it did not exist. SOURCE: CC § 3530

§ 15123

The law never requires impossibilities

SOURCE: CC § 3531

§ 15124

The law neither does nor requires idle acts

SOURCE: CC § 3532

§ 15125

The law disregards trifles

SOURCE: CC § 3533

§ 15126

Particular expressions qualify those which are general. COL120106 3 20 GCA REMEDIES MAXIMS OF JURISPRUDENCE SOURCE: CC § 3534

§ 15127

Contemporaneous exposition is in general the best

SOURCE: CC § 3535

§ 15128

The greater contains the less

SOURCE: CC § 3536

§ 15129

Superfluity does not vitiate. SOURCE: CC § 3537

§ 15130

That is certain which can be made certain

SOURCE: CC § 3538

§ 15131

Time does not confirm a void act

SOURCE: CC § 3539

§ 15132

The incident follows the principal, and not the principal the incident

SOURCE: CC § 3540

§ 15133

An interpretation which gives effect is preferred to one which makes void

SOURCE: CC § 3541

§ 15134

Interpretation must be reasonable

SOURCE: CC § 3542

§ 15135

When one of two innocent persons must suffer by the act of a third, COL120106 4 20 GCA REMEDIES MAXIMS OF JURISPRUDENCE he, by whose negligence it happened, must be the sufferer

SOURCE: CC § 3543

§ 15136

Every Child is Entitled to an Adequate Public Education

SOURCE: Added by P.L. 28-045:24

---------- COL120106 5