Ambiguitas Verborum Patens Nulla Verificatione Excluditur (Latin):
Ambiguitas Verborum Patens Nulla Verificatione Excluditur is a legal principle that states that patent ambiguity cannot be resolved or excluded by any form of verification. It refers to a situation where the language or wording used in a legal document, contract, or statute is inherently unclear or open to multiple interpretations. This principle asserts that when such ambiguity exists, it cannot be resolved or clarified through external evidence or verification, and the interpretation must be made solely based on the words used in the document itself. In other words, if the language used in a legal text is ambiguous, it cannot be clarified or explained by any external evidence, and the court or legal authority must interpret it as it is, even if it leads to uncertainty or confusion. This principle emphasizes the importance of precise and unambiguous language in legal documents to avoid potential disputes or misinterpretations.
Ambiguitas Verborum Patens Nulla Verificatione Excluditur is a Latin legal maxim that translates to “Patent ambiguity of words cannot be excluded by verification.” This principle is often applied in contract law to determine the interpretation of ambiguous terms or phrases in a contract.
According to this maxim, if a term or phrase in a contract is unclear or capable of multiple interpretations, it cannot be resolved or clarified solely by looking at extrinsic evidence or the intentions of the parties involved. In other words, the ambiguity must be resolved based on the plain and ordinary meaning of the words used in the contract itself.
This legal principle emphasizes the importance of clear and unambiguous language in contracts. It prevents parties from introducing external evidence or arguments to alter the meaning of a contract when the words used are capable of more than one interpretation. Instead, the focus is on the objective meaning of the words as they appear in the contract.
In summary, Ambiguitas Verborum Patens Nulla Verificatione Excluditur establishes that when a contract contains ambiguous terms or phrases, their meaning must be determined based on the words used in the contract itself, rather than relying on extrinsic evidence or subjective intentions of the parties involved.
Q: What does “Ambiguitas Verborum Patens Nulla Verificatione Excluditur” mean?
A: “Ambiguitas Verborum Patens Nulla Verificatione Excluditur” is a Latin legal maxim that translates to “The ambiguity of words is not excluded by any verification.” It refers to the principle that if a contract or legal document contains ambiguous language, it cannot be clarified or resolved by extrinsic evidence or verification.
Q: What is the significance of this legal maxim?
A: This maxim emphasizes the importance of clear and unambiguous language in legal documents. It states that if there is any ambiguity in the wording of a contract, it cannot be resolved by looking at external evidence or verification. The meaning of the words must be determined solely from the text itself.
Q: How does “Ambiguitas Verborum Patens Nulla Verificatione Excluditur” apply to contract interpretation?
A: When interpreting a contract, this maxim suggests that the court should focus solely on the language used within the document itself. It means that if there is any ambiguity or uncertainty in the contract’s wording, it cannot be resolved by considering external evidence or verification. The court must rely on the plain meaning of the words to determine the parties’ intentions.
Q: Can extrinsic evidence be used to interpret a contract if “Ambiguitas Verborum Patens Nulla Verificatione Excluditur” applies?
A: No, according to this maxim, extrinsic evidence or verification cannot be used to interpret a contract if there is ambiguity in its wording. The court must rely solely on the language used within the document itself to determine its meaning.
Q: What happens if a contract contains ambiguous language and “Ambiguitas Verborum Patens Nulla Verificatione Excluditur” applies?
A: If a contract contains ambiguous language and this maxim applies, the court will not consider any extrinsic evidence or verification to clarify the ambiguity. Instead, the court will interpret the contract based on the plain meaning of the words used within the document itself.
Q: Are there any exceptions to the application of “Ambiguitas Verborum Patens Nulla Verificatione Excluditur”?
A: While this maxim generally prohibits the use of extrinsic evidence or verification to resolve ambiguity, there may be exceptions in certain jurisdictions or specific circumstances. It is important to consult with a legal professional to understand the specific rules and exceptions that apply in a
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
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