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NeCede's

Maxim 1.5.359

Void things are as no things.

Source: Wharton, III-373 Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) That which is void has no legal existence — it creates no rights, imposes no duties, and cannot be ratified or validated by the passage of time.

Where this applies

  • A court enters a judgment without jurisdiction over the defendant, and the judgment is treated as though it never existed — it creates no lien, no obligation, and no enforceable rights.
  • An unconstitutional statute purporting to create a new criminal offense is void and treated as no thing — no one can be convicted under it because it has no legal existence.
  • A forged deed is discovered in a chain of title, and the court treats it as a nullity — void things are as no things, and the forgery conveyed nothing to anyone.

Legal domains

See also

Cite this maxim

NeCede Max. 1.5.359 — Void things are as no things. — Wharton, III-373

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