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Civil Law

Explanation of Article 720

Explanation of Article 720

Article forty-one provided a general rule, and the article explained in its introduction the order of application of these rules and the conditions for their application. As for the order of their application, the article decided that the general rule is applied in the absence of a statutory text on the matter; it restricted its application by not violating what is stipulated in the first article of this system, which states that these rules are only resorted to in the absence of a statutory text that can be applied. To affirm this meaning, this article stipulated that the application of these rules is restricted by not conflicting with a statutory text; if a general rule from these rules conflicts with a statutory text, the statutory text takes precedence. As for the conditions for applying these rules, the article decided that the nature of these rules must be taken into account, which is that they are general rules and not specific texts for certain matters; they have their conditions and exceptions; the general nature of these rules and the conditions and exceptions applicable to each rule must be considered when applying them to specific facts. When these conditions are observed, the judgment derived from these general rules—in the absence of a statutory text—takes precedence over a judgment derived from a jurisprudential effort that is not based on any of these rules, as explained in the first article of this system. The following is an explanation of these rules:

Related To

Article 720

Without prejudice to the provisions of Article 1 of this Law, the rules set forth in this Article shall be applied in a manner not inconsistent with legal provisions, subject to their respective nature, conditions, and exceptions. Said rules shall comprise the following:

Rule 1:

Matters shall be determined according to intentions.

Rule 2:

In contracts, effect shall be given to intention and meaning, not to form.

Rule 3:

Custom shall have legal effect.

Rule 4:

A matter established by custom shall be equivalent to a matter established by text.

Rule 5:

A matter established by custom shall be equivalent to a matter stipulated as a condition.

Rule 6:

A matter deemed highly unlikely by custom shall be equivalent to a matter deemed impossible.

Rule 7:

Certainty may not be dispelled by doubt.

Rule 8:

A matter shall be presumed unaltered.

Rule 9:

Freedom from liability shall be presumed.

Rule 10:

Contracts and conditions shall be presumed valid and binding.

Rule 11:

Claimed attributes shall be presumed false.

Rule 12:

A disputed time of an incident shall be determined according to the most likely time.

Rule 13:

A statement shall not be derived from the silence of a person, but silence shall be tantamount to a statement where a statement is required.

Rule 14:

No inference may be made in the face of an explicit statement.

Rule 15:

Erroneous conjecture shall not be deemed valid.

Rule 16:

Harm shall be removed.

Rule 17:

Harm shall not be removed by a similar harm.

Rule 18:

A greater harm shall be repelled by a lesser harm.

Rule 19:

Preventing harm shall take precedence over gaining benefit.

Rule 20:

If a prohibition and a benefit are in conflict, precedence shall be given to the prohibition.

Rule 21:

Hardship shall beget facility.

Rule 22:

The extent of necessity shall determine the extent of permissibility.

Rule 23:

Necessity shall not invalidate the rights of others.

Rule 24:

Words shall be presumed to reflect their literal meaning.

Rule 25:

Words shall be presumed to have meaning and shall not be disregarded.

Rule 26:

The absolute shall be applied in its absolute sense, unless there is evidence of restriction, either by text or implication.

Rule 27:

A description of a thing that is present shall be deemed inconsequential, but a description of a thing that is absent shall be deemed consequential.

Rule 28:

An attachment shall follow the principal.

Rule 29:

Flexibility may be exercised with attachments but not with other than attachments.

Rule 30:

A condition enforced at the outset of a matter may be overlooked during the course of said matter.

Rule 31:

The existence of an attachment shall be contingent upon the existence of the principal.

Rule 32:

No opinion may be given in the presence of a text.

Rule 33:

A person who takes possession of another person’s property shall remain liable until such property is returned.

Rule 34:

The person warranting a thing shall retain its yields.

Rule 35:

A matter without which an obligation cannot be performed shall itself be deemed an obligation.

Rule 36:

If the reason prohibiting a matter ceases to exist, such matter shall revert to its prior status.

Rule 37:

The absence of an excuse permitting a matter shall render such matter prohibited.

Rule 38:

What is forfeited may not be reinstated.

Rule 39:

If the original rule cannot be applied, the alternative rule shall be applied

Rule 40:

A person who attempts to renege on a matter shall be estopped.

Rule 41:

Ignorance of the law is not an excuse.

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