Legal Definitions - saving

In legal terms, a "saving" refers to a specific provision or clause within a legal document—such as a statute, contract, or will—that acts as an exception or reservation. Its purpose is to preserve or protect certain existing rights, powers, or rules from being altered, invalidated, or superseded by the main body of the document or by new legal changes. Essentially, it ensures that particular elements remain valid or applicable despite new provisions or general effects.

• Example 1: New Legislation

  Imagine a government passes a new environmental protection law that introduces stricter regulations for industrial emissions. This new law might include a saving clause stating: "Nothing in this Act shall affect the validity of any permits or licenses lawfully issued under the previous environmental regulations prior to the effective date of this Act."

  How it illustrates the term: This clause acts as a "saving" provision because it preserves the legal standing of permits and licenses granted under the old, less stringent rules. Without it, companies holding older permits might suddenly find them invalid under the new law. The saving clause ensures that these existing permits remain valid, creating an exception to the immediate application of the new, stricter standards for those specific, previously issued documents.

• Example 2: Corporate Bylaws Amendment

  A professional association decides to amend its bylaws to change the term limits for its elected officers. The amendment document might contain a saving clause that reads: "These amendments shall not invalidate any actions taken by officers or the board of directors under the previous bylaws before the adoption of these amendments."

  How it illustrates the term: This "saving" provision ensures that all decisions and actions made by the association's officers and board under the old rules remain legitimate and unchallenged, even though the rules governing their terms have now changed. It prevents past actions from being retroactively questioned due to the new amendments, thereby preserving their validity.

• Example 3: Real Estate Deed

  When a property owner sells a piece of land, the deed transferring ownership might include a saving clause. For instance, "This conveyance is made subject to, and saving and excepting, all existing easements for utilities and public access previously granted across the property."

  How it illustrates the term: Here, "saving and excepting" means that while the new owner receives the land, certain existing rights (like the right for a utility company to access power lines or for the public to use a pathway) are specifically preserved and not transferred away with the rest of the property. It carves out and protects these pre-existing rights from being extinguished by the new transfer of ownership.