Legal Definition and Related Resources of Quando abest provisio partis, adest provisio legis

When a provision of the party is lacking, the provision of the law is at hand. 13 C. B. 960.

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This definition of Quando Abest Provisio Partis, Adest Provisio Legis is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Concept of “Quando Abest Provisio Partis, Adest Provisio Legis”

Traditional meaning of quando abest provisio partis, adest provisio legis in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) When the provision of the party is wanting, the provision of the law is at hand. Quando acciderint (when they shall fall in): a judgment for the creditor of a decedent on a plea of plene administravit by the administrator, to be satisfied out of assets which may afterwards come into his hands. Quando aliquid mandatur, mandatur et omne per quod pervenitur ad illud: when [the law] commands a thing, it also commands [authorizes] all [means] by which it may be accomplished. Quando aliquid prohibetur fieri ex directo, prohibetur et per obliquum: when anything is prohibited to be directly done, doing it indirectly is also forbidden. Quando aliquis aliquid concedit, etc.: see CUICUNQUE, etc. Quando duo jura concurrunt in una persona, aequum est ac si essent in diversis: when two rights [titles] unite in one person, it [the law] is the same as if they were in different persons [i. e.; he can assert either title separately]. Quando lex aliquid aliqui concedit: see CUICUNQUE, etc. Quando lex est specialis, ratio autem generalis, generaliter est intelligenda: when a law is [applied to a] special [case], but its reason general, it should be [applied] understood generally. Quando licet id quod majus, videtur licere id quod minus: when the greater is allowed, it seems that the less should also be. Quando plus fit quam fieri debet, videtur etiam illud fieri quod faciendum est: when more is done than ought to be done, that which ought to be done is held as done [held good],

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Notes and References

1. Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Quando Abest Provisio Partis, Adest Provisio Legis”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.

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