Brocard
A
Brocard is a
juridical
principle usually expressed in
Latin
(and often derived from juridical works of the past), traditionally used to concisely
express a wider legal concept or rule.
For example, the sentence Inadimplenti
non est adimplendum ("One has no need to respect his obligation if the counter-party
has not respected his own."), is used in civil
law to briefly indicate a principle (adopted in some systems) referred to
as the synallagmatic contract.
Some
Brocards:
- In claris non fit interpretatio
When
a rule is clearly intelligible, there is no need of proposing an (usually extensive)
interpretation.
There
can be neither
crime nor
punishment
unless there is a
penal
law first.
- Quod non est in registro, non est in Mundo
What is not reported in the (related, referring) registry,
has no legal relevance. Used when a formal act (usually a recording or a transcription)
is required in order to give consistance, content or efficacy to a
right.
- Sententia quae in rem judicatam transit, pro veritate habetur
When a definitive
sentence
is declared, it is considered to be the truth. In the case of a sentence
in
rem judicatam (that finally consents to consider completed a judgement),
its content will then be the only legally relevant consideration of a fact.
Respect your obligation first, then you
can ask for reimbursement. Used in those situations in which one of the two (or
more) parties needs to complete his obligation before being allowed to ask for
the opposite obligation to be respected by his counter party. Usually this principle
is used in fields and subjects in which a certain general steadyness or uniformity
of the system has been considered a relevant value by the legislator. The case
is typical of service contracts with repeated obligations (like with gas, water,
electricity providers and similars), in which irregularities on one side cannot
be balanced if not in a regular situation (i.e., of payments) on the other side.
The customer, for example, might be asked to pay regularly the new bill, before
constesting the previous one in which he found irregular calculations, and asking
for a balancement with newer bills; he thus cannot by himself self-determine a
discount in the next payment.
When the law wanted to regulate the matter in further detail,
it did regulate the matter (in the interpretation of a law, an extensive interpretation
might perhaps go beyond the intention of the legislator, thus we must limit at
what is in the text of the law)
According to the
Oxford
English Dictionary, the term
brocard comes from "Burchard or Brocard",
a bishop of
Worms
in the
11th century
who compiled 20 volumes of
Regulae Ecclesiasticae ("Ecclesiatical Rules").