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NeCede's

Maxim 6.7.7

Confirmation is valid only where the confirmer is in possession of the thing itself or of the right to be confirmed.

Confirmatio is tantum firma est ubi possessor aut rei aut juris sit.

Source: Co. Litt. 295 Difficulty 2/5 — Approachable

Explanation

Only the holder of a right can confirm it — a stranger's ratification is without effect.

Where this applies

  • A third party who doesn't hold the rights is trying to confirm a transfer on my behalf.
  • Someone who has no ownership interest is attempting to validate a disputed deed.

Legal domains

See also

Cite this maxim

NeCede Max. 6.7.7 — Confirmation is valid only where the confirmer is in possession of the thing itself or of the right to be confirmed. — Co. Litt. 295 (Confirmatio is tantum firma est ubi possessor aut rei aut juris sit.)

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