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NeCede's

Maxim 4.6.19

Relation never defeats collateral acts.

Source: 18 Vin. Abr. 292; Weisman, 93b Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The doctrine of relation back does not defeat collateral acts performed in good faith during the interval — cite this to protect third-party transactions that occurred before the relation back took effect.

Where this applies

  • A deed is recorded late, but the court rules it relates back to the date of execution; however, a third party who purchased the property in good faith during the gap is protected because relation back does not defeat collateral acts.
  • A bankruptcy trustee's powers relate back to the date of filing, but the court protects a supplier who delivered goods on credit during the interval because the supplier's transaction was a collateral act done in good faith.
  • A patent is reissued with a relation-back date, but a manufacturer who began using the technology during the gap is shielded because the doctrine of relation never defeats collateral acts performed by innocent parties.

Legal domains

Cite this maxim

NeCede Max. 4.6.19 — Relation never defeats collateral acts. — 18 Vin. Abr. 292; Weisman, 93b

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