Define: Ex Figura Verborum

Ex Figura Verborum is a Latin term that translates to “from the form of words.” It refers to a legal principle that focuses on the literal interpretation of written or spoken words in a legal document or contract.

Ex Figura Verborum emphasizes the importance of interpreting legal texts based on the exact wording used. It suggests that the intention of the parties involved should be derived solely from the words used in the document, rather than any implied meanings or intentions.

Yes, Ex Figura Verborum is not an absolute rule and can be overridden by other legal principles, such as the principle of equity or the doctrine of contra proferentem. These principles allow for a more flexible interpretation of legal texts when necessary.

Ex Figura Verborum generally applies to all types of legal documents, including contracts, statutes, and regulations. However, its application may vary depending on the jurisdiction and the specific context of the document in question.

If there is ambiguity in the wording of a legal document, courts may resort to other interpretive techniques, such as examining the context, purpose, and surrounding circumstances, to determine the true intention of the parties involved.

Ex Figura Verborum primarily applies to written agreements, as it focuses on the literal interpretation of words. However, it may also be used to interpret oral agreements if there is clear evidence of the exact words used during the agreement.

There may be exceptions to Ex Figura Verborum in certain situations, such as when the wording of a legal document is deemed to be a mistake or a typographical error. In such cases, courts may allow for a more flexible interpretation to correct the error.

Ex Figura Verborum and the principle of good faith are related but distinct legal principles. While Ex Figura Verborum focuses on the literal interpretation of words, the principle of good faith requires parties to act honestly and fairly in their contractual dealings.

Ex Figura Verborum can be used to interpret international treaties, but it may be supplemented by other principles of treaty interpretation, such as the Vienna Convention on the Law of Treaties. These additional principles take into account the specific context and purpose of international agreements.

To ensure that your legal documents are interpreted according to Ex Figura Verborum, it is crucial to use clear and precise language. Avoiding ambiguity and clearly expressing the intentions of the parties involved can help minimize the risk of misinterpretation. Consulting with a legal professional can also provide guidance on drafting documents that adhere to this principle.