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NeCede's

Maxim 1.6.2

Form gives being.

Forma dat esse.

Source: Black's 514 (called "the old physical maxim"); Weisman, 46a Difficulty 1/5 — Foundational

Explanation

A thing has legal existence only when it has assumed its proper form — without the prescribed form, it is a nullity regardless of intent.

Where this applies

  • A contract is never put in the required written form.
  • A will is not executed with the necessary formalities.

Legal domains

contractprocedural

See also

Cite this maxim

NeCede Max. 1.6.2 — Form gives being. — Black's 514 (called "the old physical maxim"); Weisman, 46a (Forma dat esse.)

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