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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