Maxim 1.5.167
Confirmation is not valid unless he who confirms is either in possession of the thing itself or of the right of which confirmation is to be made; and in like manner, unless he to whom confirmation is made is in possession.
Non valet confirmatio, nisi ille, qui confirmat, sit in possessione rei vel juris unde fieri debet confirmatio; et eodem modo, nisi ille cui confirmatio fit, sit in possessione.
Source: Co. Litt. 295; Jackson; Weisman, 20g
Difficulty 2/5 — Approachable
Explanation
A confirmation conveys no interest unless both parties — the confirmer and the person confirmed — already hold some interest in the subject matter.
Where this applies
- Someone tries to confirm a right they do not actually hold.
- A confirmation of title is given by a person who has no interest in the property.
Legal domains
Cite this maxim
NeCede Max. 1.5.167 — Confirmation is not valid unless he who confirms is either in possession of the thing itself or of the right of which confirmation is to be made; and in like manner, unless he to whom confirmation is made is in possession. — Co. Litt. 295; Jackson; Weisman, 20g (Non valet confirmatio, nisi ille, qui confirmat, sit in possessione rei vel juris unde fieri debet confirmatio; et eodem modo, nisi ille cui confirmatio fit, sit in possessione.)
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