Define: Secundum Chartam Conficiendam

Secundum Chartam Conficiendam is a Latin term that translates to “according to the document being prepared.” It refers to the principle of interpreting legal documents based on their specific language and context.

Secundum Chartam Conficiendam is often used in contract interpretation cases. It means that the court will primarily rely on the language and terms used in the contract to determine the parties’ intentions and obligations.

Under Secundum Chartam Conficiendam, the court generally focuses on the document itself and its language. However, in certain circumstances, extrinsic evidence such as prior negotiations or industry customs may be considered to clarify any ambiguities in the document.

Secundum Chartam Conficiendam is primarily used in the interpretation of written legal documents, such as contracts, wills, and statutes. It may not apply to oral agreements or other forms of non-written communication.

If there is an ambiguity in a legal document, the court will strive to interpret it in a way that gives effect to the parties’ intentions and avoids any absurd or unreasonable results. The court may consider various factors, such as the overall context, industry practices, and the parties’ conduct.

Secundum Chartam Conficiendam is a fundamental principle of contract interpretation, but it can be overridden by other legal principles if they are deemed more appropriate in a particular case. For example, if a statute or public policy requires a different interpretation, it may take precedence over Secundum Chartam Conficiendam.

Secundum Chartam Conficiendam is closely related to the “plain meaning rule.” Both principles emphasize the importance of interpreting legal documents based on their ordinary and natural meaning, without resorting to external sources or subjective interpretations.

Secundum Chartam Conficiendam is primarily concerned with interpreting the document as it stands. It may not be used to rectify mistakes or errors in the document itself. In such cases, other legal doctrines like reformation or rectification may be applicable.

Secundum Chartam Conficiendam is commonly used in the interpretation of wills and trusts. It ensures that the testator’s intentions, as expressed in the written document, are given effect and followed by the court.

Secundum Chartam Conficiendam is a default principle of contract interpretation, but the parties can modify or waive its application through explicit provisions in their agreement. However, such modifications must be clear and unambiguous to be enforceable.