K_In pari materia – pro subjecta materia

in pari materia

as per a connected subject matter by analogy. argument from context. Occurs when the law infers a word to also include another word(s) based on its connection to other related words/subject. (broad method) (opposite of pro subjecta materia).

Ex. the word « transfer » under Art. 517 and Art. 518 infers either an honorus or gratuitous transfer because of the subject matter the article is addressing.

Ex. when a court compares a subject matter of sales to the subject matter of contracts (broader subject matter) because both sales and contracts are related and then the court can use the laws in contracts to apply to sales or vice versa.

 

pro subjecta materia

based on the location of the text. the word/article’s meaning is derived from the subject matter the code is addressing (Narrow method) (opposite of in pari materia and expresis verbis). Ex. Act (word) under obligations (subject matter) means juridical act. Act (word) under 2315 (subject matter) means physical act.

 

https://en.wiktionary.org/wiki/in_pari_materiaAdverb[edit]

in pari materia (not comparable)

  1. Dealing with the same matter or subject. quotations ▼
  2. (law) A canon of construction holding that the meaning of an ambiguous law can be determined in light of other statutes on the same subject matter.

https://fr.glosbe.com/fr/fr/in%20pari%20materia