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NeCede's

Maxim 6.7.4

Confirmation is null where the preceding gift is invalid.

Confirmatio est nulla ubi donum praecedens est invalidum.

Source: Co. Litt. 295; Moore 764; Jackson 127; Weisman, 20h Difficulty 2/5 — Approachable

Explanation

A void act cannot be made valid by subsequent ratification — if the original grant was beyond the power of the grantor, no amount of confirmation can cure it.

Where this applies

  • The government is trying to ratify an action that was unconstitutional from the start.
  • A company approved a contract that was illegal when it was made — does the approval make it legal?

Legal domains

See also

Cite this maxim

NeCede Max. 6.7.4 — Confirmation is null where the preceding gift is invalid. — Co. Litt. 295; Moore 764; Jackson 127; Weisman, 20h (Confirmatio est nulla ubi donum praecedens est invalidum.)

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