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NeCede's

Maxim 10.4.7

Nothing is so natural as to dissolve a thing in the same manner in which it was bound.

Nihil tam naturale est, quam eo genere quidque dissolvere quo colligatum est.

Source: Dig. 50, 17, 35; Jenk. Cent. 74 Difficulty 2/5 — Approachable

Explanation

An instrument, obligation, or act is undone by the same method by which it was constituted; what was made by deed is dissolved by deed, what by consent is dissolved by consent.

Where this applies

  • An agreement made by deed can only be dissolved by deed, not by a verbal statement.
  • What was bound by contract should be unbound by the same method.
  • The way something was put together should be the way it's taken apart.

Legal domains

See also

Cite this maxim

NeCede Max. 10.4.7 — Nothing is so natural as to dissolve a thing in the same manner in which it was bound. — Dig. 50, 17, 35; Jenk. Cent. 74 (Nihil tam naturale est, quam eo genere quidque dissolvere quo colligatum est.)

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