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NeCede's

Maxim 1.5.366

Laws are imposed, not upon words, but upon things.

Source: 10 Coke, 101; Branch, Princ.; Code 6, 43, 2; Weisman, 71n Difficulty 4/5 — Advanced

Explanation

(English-origin maxim.) Law governs substance, not labels — the legal effect of an act depends on what it actually is, not on what the parties choose to call it.

Where this applies

  • A company labels a payment as a 'consulting fee' to avoid payroll taxes, but the court treats it as wages because the law governs the substance of the payment, not the label attached to it.
  • A city calls a mandatory charge a 'user fee' rather than a 'tax' to avoid constitutional tax limitations, but the court holds that the law looks at what the charge actually is, not what it is called.
  • A developer documents a partnership as a 'joint venture' to avoid partnership liability, but the court applies partnership law because the legal consequences follow from the reality of the arrangement, not the name given to it.

Legal domains

Cite this maxim

NeCede Max. 1.5.366 — Laws are imposed, not upon words, but upon things. — 10 Coke, 101; Branch, Princ.; Code 6, 43, 2; Weisman, 71n

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