Maxim 1.5.355
Every bond is dissolved by the same bond by which it was bound.
Unumquodque ligamen dissolvitur eodem ligamine quo ligatur.
Source: Wharton, III-356
Difficulty 3/5 — Intermediate
Explanation
An obligation is released by the same formality that created it — a contract under seal is discharged by a release under seal, a debt by payment, a vow by fulfillment.
Where this applies
- A contract executed under seal can only be released by a document of equal formality — a simple verbal release is insufficient because the bond must be dissolved by the same kind of bond that created it.
- A debt created by a formal promissory note is discharged only by actual payment or a formal release, not by an informal oral agreement to forgive it.
- A marriage, created by a formal legal ceremony, is dissolved only by a formal legal decree of divorce — one spouse's unilateral declaration cannot end what required mutual formality to create.
Legal domains
See also
Cite this maxim
NeCede Max. 1.5.355 — Every bond is dissolved by the same bond by which it was bound. — Wharton, III-356 (Unumquodque ligamen dissolvitur eodem ligamine quo ligatur.)
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