Maxim 6.7.5
Confirmation supplies all defects, even though what was done may not have been valid from the beginning.
Confirmatio omnes supplet defectus, licet id quod actum est ab initio non valuit.
Source: Co. Litt. 295b; Jackson 128; Weisman, 20i
Difficulty 3/5 — Intermediate
Explanation
This maxim applies only to voidable acts (defective but not void) — true nullities remain beyond the reach of confirmation (see 6.7.4).
Where this applies
- The contract had a minor procedural defect but the parties later confirmed it — is it valid now?
- A voidable deed was later ratified by the grantor — does that fix the original problem?
Topics
See also
Cite this maxim
NeCede Max. 6.7.5 — Confirmation supplies all defects, even though what was done may not have been valid from the beginning. — Co. Litt. 295b; Jackson 128; Weisman, 20i (Confirmatio omnes supplet defectus, licet id quod actum est ab initio non valuit.)
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