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NeCede's

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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