Maxim 11.2.3
Delivery makes a deed speak.
Traditio loqui facit chartam.
Source: 5 Co. 1a; Weisman, 30m
Difficulty 1/5 — Foundational
Explanation
Until delivery, a deed is a silent instrument — it is the act of delivery that gives life and legal force to the writing.
Where this applies
- The deed was written and signed but never delivered — does it have any force.
- Until the deed is actually delivered, it's just a piece of paper.
- Delivery is what gives legal life to a written instrument.
See also
Cite this maxim
NeCede Max. 11.2.3 — Delivery makes a deed speak. — 5 Co. 1a; Weisman, 30m (Traditio loqui facit chartam.)
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