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NeCede's

Maxim 1.5.267

Things which are not valid from the beginning cannot be made valid by a subsequent act.

Quae ab initio non valent, ex post facto convalescere non possunt.

Source: People v. Shall, 9 Cow. (N.Y.) 784; Weisman, 62d; Weisman, 62c Difficulty 1/5 — Foundational

Explanation

An act void from inception cannot be cured by any subsequent event — cite this to challenge government actions taken without jurisdiction, which remain void regardless of later ratification attempts.

Where this applies

  • A void government action is later ratified and the ratification is challenged.
  • A contract that was void from the start is claimed to have become valid over time.

Legal domains

constitutionalsovereignty

Cite this maxim

NeCede Max. 1.5.267 — Things which are not valid from the beginning cannot be made valid by a subsequent act. — People v. Shall, 9 Cow. (N.Y.) 784; Weisman, 62d; Weisman, 62c (Quae ab initio non valent, ex post facto convalescere non possunt.)

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