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NeCede's

Maxim 1.6.5

The law regards the substance of a thing more than its form.

Lex respicit substantiam rei magis quam formam.

Source: Wing. Max. p. 382, max. 101; Finch, Law, b. 1, c. 3 Difficulty 1/5 — Foundational

Explanation

Where the essential form has been observed, minor defects in form do not vitiate the act — the law looks through form to substance, punishing sham and rewarding reality.

Where this applies

  • A deed has minor formatting errors but the intent and parties are clear.
  • A contract has a typo but the substance of the agreement is obvious.

Legal domains

contractprocedural

See also

Cite this maxim

NeCede Max. 1.6.5 — The law regards the substance of a thing more than its form. — Wing. Max. p. 382, max. 101; Finch, Law, b. 1, c. 3 (Lex respicit substantiam rei magis quam formam.)

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