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NeCede's

Maxim 6.7.1

To confirm is to make firm that which was before infirm.

Confirmare est id quod prius infirmum fuit firmare.

Source: Co. Litt. 295; Jackson 125; Weisman, 20a Difficulty 2/5 — Approachable

Explanation

Confirmation gives strength to what was previously weak or defective — but it cannot create a right where none existed.

Where this applies

  • A contract was poorly drafted but both parties went ahead and performed — does that fix the defects?
  • The deed had errors but the parties acted as if it were valid for years.

Legal domains

See also

Cite this maxim

NeCede Max. 6.7.1 — To confirm is to make firm that which was before infirm. — Co. Litt. 295; Jackson 125; Weisman, 20a (Confirmare est id quod prius infirmum fuit firmare.)

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