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NeCede's

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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