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NeCede's

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.

Legal domains

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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