Maxim 3.2.16
A name is not sufficient if a thing or subject for it does not exist by law or by fact.
Source: 4 Coke, 107b; Weisman, 81c
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A name in a legal instrument is void if there is no corresponding person or thing in law or in fact — cite this to challenge a grant, bequest, or charge directed to a nonexistent entity.
Where this applies
- A will leaves property to the "First National Trust of Springfield," but no such entity has ever existed in law or in fact; the court voids the bequest for lack of a valid beneficiary.
- A contract names a party called "Acme Holdings LLC" that was never formed or registered; the agreement is unenforceable because the named entity does not exist.
- A zoning ordinance restricts building on land designated as "Riverview Park District," but no such district was ever legally created, so the restriction has no force.
Legal domains
Cite this maxim
NeCede Max. 3.2.16 — A name is not sufficient if a thing or subject for it does not exist by law or by fact. — 4 Coke, 107b; Weisman, 81c
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