Maxim 6.1.14
Written obligations are superseded by writings, and an obligation of naked assent is dissolved by assent to the contrary.
Scriptae obligationes scriptis tolluntur, et nudi consensus obligatio contrario consensu dissolvitur.
Source: Jur. Civ.; Jackson
Difficulty 2/5 — Approachable
Explanation
An obligation is dissolved by the same mode that created it — a written contract requires a written release, and a verbal agreement is undone by verbal agreement to the contrary.
Where this applies
- We had a written agreement — can it be cancelled by a phone call?
- I made a verbal promise — does a verbal retraction cancel it?
Legal domains
Cite this maxim
NeCede Max. 6.1.14 — Written obligations are superseded by writings, and an obligation of naked assent is dissolved by assent to the contrary. — Jur. Civ.; Jackson (Scriptae obligationes scriptis tolluntur, et nudi consensus obligatio contrario consensu dissolvitur.)
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