Maxim 1.5.67
Deeds contain many things which are prohibited to be done.
Facta tenent multa quae fieri prohibentur.
Source: 12 Co. 125; Jackson; Weisman, 30b
Difficulty 3/5 — Intermediate
Explanation
Acts already done may stand even though similar acts are now forbidden — the prohibition operates prospectively, and completed transactions are not automatically undone.
Where this applies
- A deed was executed before a new law banned the transfer, and someone wants to undo it.
- A completed transaction is challenged under a law that did not exist when it happened.
Legal domains
Cite this maxim
NeCede Max. 1.5.67 — Deeds contain many things which are prohibited to be done. — 12 Co. 125; Jackson; Weisman, 30b (Facta tenent multa quae fieri prohibentur.)
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