西方法谚精选

可得而确定者，便为确定。

A person in possession is not bound to prove that the possessions belong to him. 占有人无须证明自己是物主。

An infamous person is repelled or prevented from taking an oath. 不应让一个臭名昭著的人发誓（作证）。

He is not to be heard who alleges things contradictory to each other. 陈述自相矛盾之人，不能充当证人。

In a trial, credence is given only to those who are sworn. 审判中信任只给予那些发过誓的人。

Ignorance of those things which one is bound to know excuses not. 对应当知道的事，就不能借口无知来推卸责任。 To conceal is one thing; to be silent is another. 隐瞒是一回事，沉默是另一回事。 Negative facts are not proof are not proof. 消极事实不是证据。 Hearsay is no evidence. 谣言不是证据。

Deeds are more powerful than words. 事实胜于雄辩。

An oath is indivisible; it is not to be held party true and partly false. 誓言不可分割，不能认为部分是真，部分是假。

One eyewitness is of more weight than ten earwitnesses (or those who speak from hearsay). 一个目击证据比十个传闻证据有分量。 Several eyes see more than one. 众人所见要比一人所见更全面。 Evidence is to be weighted not enumerated. 证据在其分量，而不在其数量。

He who makes oath is to be believed in judgment. 发过誓的人应该得到信任。

To swear is to call God to witness, and is an act of religion. 发誓就是让上帝来见证，它是一项宗教行为。

In criminal cases, the proofs ought to be clearer than the light. 在刑事案件中，证据应该确凿无疑。 No one can be a witness in his own cause. 任何人都不得在自己的诉讼中充当证人，

Witnesses cannot testify to a negative, they must testify to an affirmative. 证据必须有所指证。

The answer of one witness shall not be heard at all. 不应听取单个证人的证言。

The testimony of one witness is equivalent to the testimony of none. 只有一人作证等于无人作证。

The opinions of philosophers, physicians, and poets are to be alleged and received in cause. 在诉讼过程中，哲学家、医师和诗人的意见应许陈述，且应采纳。

It sometimes happens that a plea which seems prima facie just, nevertheless is injurious and unequal. 表面上公正的抗辩或口实，常常可能是有害的或不适当的。 An argument drawn from authority is the strongest in the law. 在法律上，来自权威的观点最有力。

The argument from impossibility is of great force in law.

以事情不可能为由展开的论证，在法律上具有巨大的说服力。 An ambiguous answer is to be taken against him who offers it. 模棱两可的答辩可用来反驳答辩人本人。

A latent verbal ambiguity may be removed by evidence; for whatever ambiguity arises from an extrinsic fact may be explained by extrinsic evidence.

用语上潜在的含混性可通过证据加以澄清，因为对任何从外在事实中产生的含混性都可以通过外在证据加以说明。

It is the same thing to say nothing and not to say it sufficiently. 证据不足等于没有证据。

What cannot be recognized [by judicial process] is non-existent. 无法为司法程序所采信的事实，视为不存在。 What is in suspense is considered as not existing. 对存疑之事就当作其不存在。

A vague and uncertain cause is not a reasonable cause. 含糊的和不确定的理由不是令人信服的理由。 A weak foundation frustrates the work ( built upon it.) 脆弱的根据会使前功尽弃。

An allegation contrary to the deed is not admissible. 违背事实的抗辩是不可接受的。 A plea denying a fact is the last of all. 否认性抗辩是最后一招。

That may excuse or palliate a wrongful act in capital cases which would not have the same effect in civil

injuries.

重大案件中为某一非法行为开脱或减轻了罪责的抗辩，在民事侵权案件中就可能起不了同样的作用， Double negative is an affirmative. 两次否定就是一个肯定。

One of two opposite positions being affirmed, the other is denied. 两个相反的主张其一被肯定时，另一个也就被否定了。

An evidence of debt found in the debtor?s possession is presumed to be paid. 在债务人手中保存的债据应推定为债务已经清偿。

An evidence of debt not existing is presumed to have been discharged. 已证明不复存在的债，推定已履行。

He who is in the womb, is considered as born, whenever it is for his benefit. 一旦涉及其利益，未出生的孩子也视为已经出生。 A false clause does not vitiate a document. 错误条款不影响文件效力。 When you doubt, do not act. 若有疑惑，就请三思而后行。 五、 民事司法 （一）总论

The civil law is what a people establishes for itself. 民法是一国人民为自己制定的法律。 Custom is another law. 习惯也是一种法律。

A reasonable custom is to be obeyed like law. 合理的习惯，应该像法律那样得到遵守。

A custom should be certain, for uncertain things are held as nothing. 习惯必须明确，不明确的习惯没有效力。 A custom ought to be certain. 习惯应该具有确定性。

Custome is the best expounder of the law. 习惯是法律的最佳阐释者。

The custom of a place is to be observed. 当地的习惯应予遵守。

An evil custom ought to be abolished. 恶的习惯应予废止。

Every one is the manager and judge of his own affairs.

任何人均是自己事务的管理人及判断人。

Every one has liberty to renounce those things which are granted for his benefit. 每个人皆有抛弃为自己利益所给予之物的自由。 No man ought to be burdened in consequence of another?s act. 任何人都不必承担他人行为的后果。 The deed of one should not hurt the other. 个人行为不能损害他人。

Things done between strangers ought not to injure those who are not parties to them. 双方行为不应损及局外人。

He who uses his legal rights harms no one. 行使自己的法律权利不得损害他人。 He who exercises his right injures no one. 行使自己权利的人，不会对任何人造成损害。

One should enjoy his property in such a manner as not to injure that of another person. 享用自己的财物不应损害他人。

Enjoy your own property in such a manner as not injure that of another person. 财产权应当以不损害他人的方式加以行使。

Use your own property and your own rights in such a way that you will not hurt your neighbor, or prevent him from enjoying his.

使用你的财产和权利时，不应当有害于邻居或妨害其使用自己的财产和权利。 It is for the interest of the state that a man should not enjoy his own property improperly. 每个人都不该滥用自己的财产，这是国家利益所要求的。

No one is to be deemed a wrongdoer who merely avails himself of his legal rights. 每个人行使自己权利的人，都不得被视为非法。

The power derived cannot be greater than that from which it is derived. 派生之权利，不得超过原有权利的权限。 Public rights are to be preferred to private rights. 公权力优于私权利。

A public right cannot be altered by the agreements of a private persons. 公法上的权利，不得以私人协议予以变更。

Every one may renounce or relinquish a right introduced for his own benefit. 人人皆可放弃有利于己的权利。

One who has a right under his possession can abandon it. 享有权利者可以放弃权利。

One cannot transfer to another a right which he has not.