Quod non legitur
Quod non legitur, non creditur , also quod non est in actis, non est in mundo , is a procedural maxim from Roman law . It is generally translated as "What is not read is not believed" or "What is not in the files is not in the world either."
This means that in court proceedings only what has been recorded in writing is taken into account, especially in the court files . This maxim is in contrast to the culture of orality in German law as practiced by mayors and lay judges . However, it was different before the Reich Chamber of Commerce . There the principle of writing applied.
Both procedural principles are preserved in today's German law. In accordance with Section 128 (1) of the German Code of Civil Procedure (ZPO) , the parties usually negotiate the legal dispute orally before the trial court. The oral hearing is, however, prepared by written submissions that must be submitted to the court ( § 129 , § 130 ZPO).
