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NeCede's

Maxim 1.5.272

Time cannot render valid an act void in its origin.

Quod ab initio non valet, in tractu temporis non convalescit.

Source: Dig. 50, 17, 29; Weisman, 62l; 4 Co. 2; Bouvier, Max. Difficulty 3/5 — Intermediate

Explanation

No amount of passage of time, acquiescence, or subsequent ratification can cure a jurisdictional defect or an act that was void from inception — an unconstitutional statute does not become constitutional through long enforcement.

Where this applies

  • A city enforced an unconstitutional zoning ordinance for thirty years, but when finally challenged, the court strikes it down because the passage of time cannot cure a law that was void from the start.
  • A court issued a judgment without personal jurisdiction over the defendant, and twenty years later the defendant successfully vacates it because time cannot validate a void act.
  • A tax was collected under an invalid statute for decades, and taxpayers sue for refunds because the long period of enforcement did not make the unconstitutional levy valid.

Legal domains

Cite this maxim

NeCede Max. 1.5.272 — Time cannot render valid an act void in its origin. — Dig. 50, 17, 29; Weisman, 62l; 4 Co. 2; Bouvier, Max. (Quod ab initio non valet, in tractu temporis non convalescit.)

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