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NeCede's

Maxim 1.6.1

Legal form is essential form.

Forma legalis forma essentialis.

Source: Coke, 10 Co. 100; Weisman, 46b Difficulty 1/5 — Foundational

Explanation

The forms prescribed by law are not optional niceties — they are essential to the validity of the act, and their omission destroys the proceeding. (Duplicate maxim — see also 11.1.11.)

Where this applies

  • A deed is executed without the required witnesses.
  • A legal document is filed without the proper signatures or seals.

Legal domains

procedural

See also

Cite this maxim

NeCede Max. 1.6.1 — Legal form is essential form. — Coke, 10 Co. 100; Weisman, 46b (Forma legalis forma essentialis.)

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