Maxim 5.7.16
Although the grant of a future interest is inoperative, yet it may become a declaration precedent, which will take effect on the intervention of some new act.
Licet dispositio de interesse futuro sit inutilis, tamen fieri potest declaratio praecedens quae sortiatur effectum, interveniente novo actu.
Source: Bac. Max. Reg. 14; Jackson
Difficulty 3/5 — Intermediate
Explanation
A grant of a future interest, though void as a present conveyance, may operate as a declaration of intent that takes effect when a subsequent act completes it.
Where this applies
- I granted someone a future interest in property — it's not valid now but could become valid later.
- A conditional grant that hasn't taken effect yet could still serve as a binding declaration for the future.
Legal domains
Cite this maxim
NeCede Max. 5.7.16 — Although the grant of a future interest is inoperative, yet it may become a declaration precedent, which will take effect on the intervention of some new act. — Bac. Max. Reg. 14; Jackson (Licet dispositio de interesse futuro sit inutilis, tamen fieri potest declaratio praecedens quae sortiatur effectum, interveniente novo actu.)
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