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NeCede's

Maxim 1.5.269

That which is valid in law has legal strength, force, and effect, or incapable of being rightfully overthrown or set aside.

Source: Emerson v. Knapp, 75 Mo.App. 92, 97; Weisman, 62g Difficulty 1/5 — Foundational

Explanation

(English-origin maxim — no Latin equivalent; the English title is the original form.) A valid instrument carries the full force of law and cannot be collaterally attacked; opposing parties must show a jurisdictional or constitutional defect to overcome it.

Where this applies

  • A valid legal instrument is collaterally attacked by a party who had no standing.
  • A properly executed contract carries the full force of law and cannot be set aside on a whim.

Legal domains

Cite this maxim

NeCede Max. 1.5.269 — That which is valid in law has legal strength, force, and effect, or incapable of being rightfully overthrown or set aside. — Emerson v. Knapp, 75 Mo.App. 92, 97; Weisman, 62g

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