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NeCede's

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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