Maxim 1.5.198
That which was a useless institution at the commencement cannot gain strength from an after-fact.
Quae ab initio inutilis fuit institutio, ex post facto convalescere non potest.
Source: D. 50, 17, 210; Jackson
Difficulty 2/5 — Approachable
Explanation
A void act cannot be validated retroactively by subsequent events — if the foundation was defective from the start, no later development can cure it.
Where this applies
- A void legal act is claimed to have become valid because of later events.
- Someone argues that a null contract has been cured by subsequent actions.
Cite this maxim
NeCede Max. 1.5.198 — That which was a useless institution at the commencement cannot gain strength from an after-fact. — D. 50, 17, 210; Jackson (Quae ab initio inutilis fuit institutio, ex post facto convalescere non potest.)
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