Swami Sadashiva Brahmendra Sar (Nil) 25 December 2010

Legal quiz - Maxim

“ut res magis valeat quam pareat”

What is meaning of this maxim !

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Suchitra. S (Advocate) 25 December 2010

The principle ut res magis valeat quam pereat is an advanced idea in jurisprudence.

The basic idea of [better the thing should function than that it should perish] is that if a piece of law seems unclear, one should try to understand it in a way that makes sense of it. The underlying idea of all legal systems is that all laws make sense, and are there for a purpose. If a law seems incomprehensible or silly, one should try to understand it in some way that makes sense of it - so that it can be used [valeat] rather than simply ignored [pereat].

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P.K.Haridasan (Advocate) 26 December 2010

We expect such good questions and answers. Thanks to Mr Tripathi & Ms. Suchitra

tsramani (Main Partner) 26 December 2010

“ut res magis valeat quam pareat”

Means That thing may rather have effect than be perished.

"[The provision of a statute must be so construed as to make it effective and operative on the principle of “ut res magis valeat quam pareat” ------Tinsukia Electric Supply Co. Ltd. vs State of Assam, AIR 1990 SC 13, 152]"

N.K.Assumi (Advocate) 26 December 2010

"In other words "I cry and you carved out my eyes for what I can't control... I bleed, and you take out my heart for staining the floor...""

Ravikant Soni (LAWYER IN JAIPUR) 27 December 2010

Thanx all of you. carry on.

Kasim Kheruwala (Advocate) 27 December 2010

This seems quiet definite attempt to define maxim, Thnx.

Sy.patents (Freelance) 27 December 2010

Dear Sir, I stumbled upon a blog article which has discussed this maxim to a good extent. I hope you will find it interesting. Its url is https://interpretationofstatutes.blogspot.com/2010/07/ut-res-magis-valeat-quam-pereat.html It is a good learning for me as I have a paper on interpretation of statue this semester! Sy

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