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NeCede's

Maxim 1.7.24

The law judges of things which must necessarily be done as if actually done.

Lex judicat de rebus necessario faciendis quasi re ipsa factis.

Source: Branch, Princ.; Bouvier, Max.; Weisman, 64w Difficulty 3/5 — Intermediate

Explanation

When the law requires an act, and the act must inevitably follow, the law treats it as already accomplished — formalism yields to substance.

Where this applies

  • The law treats a required act as already done because it must inevitably occur.
  • A formality that must happen is deemed already completed for legal purposes.

Legal domains

interpretationprocedural

See also

Cite this maxim

NeCede Max. 1.7.24 — The law judges of things which must necessarily be done as if actually done. — Branch, Princ.; Bouvier, Max.; Weisman, 64w (Lex judicat de rebus necessario faciendis quasi re ipsa factis.)

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