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NeCede's

Maxim 6.8.1

When the required form is not observed, the act is inferred to be annulled.

Cum forma non observatur, infertur nullatio actus.

Source: 12 Co. 7; Weisman, 7a Difficulty 2/5 — Approachable

Explanation

Substance requires form — a contract, grant, or government act that fails to observe the prescribed form is void, not merely voidable.

Where this applies

  • The government passed a law without following the required voting procedure — is it valid?
  • A contract was signed without the required witnesses — does it hold up?

Topics

Revocation & Abrogation

Legal domains

contractprocedural

See also

Cite this maxim

NeCede Max. 6.8.1 — When the required form is not observed, the act is inferred to be annulled. — 12 Co. 7; Weisman, 7a (Cum forma non observatur, infertur nullatio actus.)

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