Maxim 6.3.29
An agreement under seal can only be dissolved ea ligamine quo ligatur.
Source: Wharton, III-21
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A contract made under seal can only be dissolved by an instrument of equal solemnity — what is bound by deed must be released by deed.
Where this applies
- A property deed executed under seal can only be voided by another document under seal — a casual letter or verbal agreement cannot undo it.
- Two parties entered into a sealed bond, and one tries to release the other by a simple handshake, but the court requires a formal release under seal.
- A corporation's charter, executed as a sealed instrument, cannot be amended by an informal board resolution — it requires a document of equal formality.
Legal domains
Cite this maxim
NeCede Max. 6.3.29 — An agreement under seal can only be dissolved ea ligamine quo ligatur. — Wharton, III-21
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