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NeCede's

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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