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NeCede's

Maxim 11.1.11

Legal form is essential form.

Forma legalis forma essentialis.

Source: 10 Co. 100; Bouvier Difficulty 2/5 — Approachable

Explanation

The prescribed form of an instrument is not a mere technicality but the very substance of its validity; an act performed without the form required by law is a nullity. (Duplicate maxim — see also 1.6.1.)

Where this applies

  • The required legal form wasn't followed so the document may be invalid.
  • The legal formalities are not just technicalities — they're essential to validity.
  • Without proper form, the instrument has no legal substance.

Legal domains

procedural

See also

Cite this maxim

NeCede Max. 11.1.11 — Legal form is essential form. — 10 Co. 100; Bouvier (Forma legalis forma essentialis.)

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