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NeCede's

Maxim 3.2.18

Names are mutable, but things are immutable. A name may be true or false, or may change, but the thing itself always maintains its identity.

Source: 6 Coke, 66; Weisman, 81g

Explanation

(English-origin maxim.) Labels change; substance does not. A thing is what it is regardless of the name applied to it — renaming a tax as a fee, or a right as a privilege, does not alter its true nature.

Where this applies

  • A contract is labeled a 'lease' but functions as a sale, and a court looks past the name to the substance.
  • A fee is relabeled a 'tax' to avoid a legal limit, but its true nature controls.

Cite this maxim

NeCede Max. 3.2.18 — Names are mutable, but things are immutable. A name may be true or false, or may change, but the thing itself always maintains its identity. — 6 Coke, 66; Weisman, 81g

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