Define: Curiosa Et Captiosa Interpretatio In Lege Reprobatur

Curiosa Et Captiosa Interpretatio In Lege Reprobatur” is a Latin phrase that translates to “Curious and Captious Interpretation is Disapproved in Law.” It refers to the principle that legal interpretation should be straightforward and not overly complicated or misleading.

This principle guides judges and legal professionals to interpret laws in a manner that avoids unnecessary complexity or ambiguity. It promotes clarity and fairness in legal proceedings.

No, “Curiosa Et Captiosa Interpretatio In Lege Reprobatur” is not a defence in itself. It is a guiding principle for legal interpretation and does not directly impact the defences available in criminal cases.

Yes, the principle of “Curiosa Et Captiosa Interpretatio In Lege Reprobatur” applies to both criminal and civil law cases. It ensures that legal interpretation remains straightforward and avoids unnecessary complications in all areas of law.

In certain circumstances, other legal principles or statutes may take precedence over “Curiosa Et Captiosa Interpretatio In Lege Reprobatur.” However, the principle generally holds strong and is followed in most legal jurisdictions.

In contract law, this principle discourages parties from using overly complex or misleading language in their agreements. Courts will interpret contracts in a manner that upholds the principle of clarity and fairness.

The principle of “Curiosa Et Captiosa Interpretatio In Lege Reprobatur” is primarily associated with common law jurisdictions. However, the underlying concept of promoting clarity and fairness in legal interpretation is applicable to international law as well.

While the principle can be used to argue for a more straightforward interpretation of a legal document, it does not automatically invalidate the document itself. The court would need to assess the specific circumstances and the impact of any complex or misleading language.

In statutory interpretation, this principle guides judges to interpret laws in a manner that avoids unnecessary complexity or ambiguity. It ensures that the intent of the legislature is upheld and that the law is applied fairly and consistently.