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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