Research and development in private law

Research and development in private law

The Durability of the Legal Rule`s Validity After The Introduction of an Exception (Exceptio firmat regulam)

Document Type : Original Article

Author
Master of Private Law, University of Tehran, Tehran, Iran
Abstract
"Exceptio firmat regulam in casibus non exceptis" (The Exception affirms the rule in cases not excepted) represent a legal maxim as it appears, was first recognized by Roman jurists, Since it was rooted in common sense, it was accepted by jurists worldwide. It indicates that the existence of an exception does not invalidate the rule, but the very existence of an exception shows that there is still a valid rule that has an exception.
At least two fallacies can arise from improper use of this maxim: The first fallacy is attempting to determine whether something is an exception or a rule based on this principle. The second fallacy is when there is doubt about the existence of the rule, but someone assumes its existence and then invokes this maxim.
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