Maxim 1.5.185
Compacts which are not illegal, and do not originate in fraud, must in all respects be observed.
Pacta conventa quae neque contra leges neque dolo malo inita sunt omnimodo observanda sunt.
Source: C. 2, 8, 29; Jackson; Weisman, 24m
Difficulty 1/5 — Foundational
Explanation
Lawful agreements freely made are binding and must be honored — only illegality or fraud in the formation of the contract furnishes ground for non-performance.
Where this applies
- A lawful contract freely entered into by both parties is challenged.
- Someone tries to break an agreement they willingly made, with no evidence of fraud.
Cite this maxim
NeCede Max. 1.5.185 — Compacts which are not illegal, and do not originate in fraud, must in all respects be observed. — C. 2, 8, 29; Jackson; Weisman, 24m (Pacta conventa quae neque contra leges neque dolo malo inita sunt omnimodo observanda sunt.)
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