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NeCede's

Maxim 4.1.5

A sentence against marriage never becomes a thing finally adjudged.

Sententia contra matrimonium nunquam transit in rem judicatam.

Source: 7 Co. Rep. 43, 48; Jackson, *Latin for Lawyers* (1915), Max. 969; Weisman, 79e Difficulty 3/5 — Intermediate

Explanation

A decree annulling or denying a marriage is never absolutely conclusive — the question of marital status may always be revisited on new evidence.

Where this applies

  • A court annuls a marriage and the question is whether the matter is truly settled.
  • A divorce decree is challenged years later with new evidence.

Legal domains

familyprocedural

See also

Cite this maxim

NeCede Max. 4.1.5 — A sentence against marriage never becomes a thing finally adjudged. — 7 Co. Rep. 43, 48; Jackson, *Latin for Lawyers* (1915), Max. 969; Weisman, 79e (Sententia contra matrimonium nunquam transit in rem judicatam.)

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