Maxim 11.2.2
That is not called a deed which does not continue operative.
Factum non dicitur quod non perseverat.
Source: 5 Co. 96; Weisman, 30c
Difficulty 2/5 — Approachable
Explanation
An instrument that ceases to have legal effect ceases to be a deed in the eyes of the law.
Where this applies
- A deed that no longer has any legal effect is no longer really a deed.
- The instrument has become inoperative so it no longer functions as a legal document.
- Once a deed stops having legal force, the law no longer recognizes it as such.
Legal domains
See also
Cite this maxim
NeCede Max. 11.2.2 — That is not called a deed which does not continue operative. — 5 Co. 96; Weisman, 30c (Factum non dicitur quod non perseverat.)
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