Maxim 6.8.12
By the same mode by which a thing is bound, by that it is also released or dissolved.
Source: 2 Rolle, 21, 39; Jenk. Cent. 74; Broom, Max. 884, 891; 6 Coke, 53; Weisman, 7g
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) An obligation must be dissolved by the same form or authority by which it was created — what is bound by deed is released by deed; what is bound by consent is released by consent.
Where this applies
- A contract made by mutual written agreement can only be dissolved by another mutual written agreement — an oral cancellation will not do.
- A deed transferring property must be undone by another deed of equal formality, not by a casual conversation.
- An obligation created by a court order can only be released by another court order — the same authority that bound must be the authority that unbinds.
Legal domains
Cite this maxim
NeCede Max. 6.8.12 — By the same mode by which a thing is bound, by that it is also released or dissolved. — 2 Rolle, 21, 39; Jenk. Cent. 74; Broom, Max. 884, 891; 6 Coke, 53; Weisman, 7g
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