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NeCede's

Maxim 11.1.12

When form is not observed, a nullity of the act is inferred.

Forma non observata, infertur adnullatio actus.

Source: 12 Co. 7; Bouvier Difficulty 2/5 — Approachable

Explanation

Failure to comply with mandatory legal form is fatal to the act — the law infers from the defective form that no valid act was performed.

Where this applies

  • The mandatory procedure wasn't followed so the act should be void.
  • They didn't comply with the required legal form and now the action is a nullity.
  • Failure to observe prescribed form means no valid act was performed.

Legal domains

procedural

Cite this maxim

NeCede Max. 11.1.12 — When form is not observed, a nullity of the act is inferred. — 12 Co. 7; Bouvier (Forma non observata, infertur adnullatio actus.)

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