LessonsExplicit and Allusive Wording: Clarity, Intention and Legal EffectQuiz

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A characteristic of explicit language is that it does not depend on a separate intention selecting its meaning.

When an expression directly and conventionally denotes a legal act, there is no need for an additional indication choosing that same meaning from competing senses. The expression itself carries the necessary clarity.

This is a rule about operative explicit statements in their appropriate setting, not a claim that every stray sound or irrelevant utterance automatically produces a legal effect.

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Why explicit wording does not require a further intention

Explicit and Allusive Wording: Clarity, Intention and Legal Effect

ومن حكمه: أنه يستغني عن النية
A characteristic of explicit language is that it does not depend on a separate intention selecting its meaning.

When an expression directly and conventionally denotes a legal act, there is no need for an additional indication choosing that same meaning from competing senses. The expression itself carries the necessary clarity.

This is a rule about operative explicit statements in their appropriate setting, not a claim that every stray sound or irrelevant utterance automatically produces a legal effect.