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NeCede's

Maxim 6.8.3

A clause which excludes the power of abrogation is void from the beginning.

Clausula quae abrogationem excludit ab initio non valet.

Source: Broom, Max. 27; Bacon, Max. reg. 19; Jackson 111 Difficulty 2/5 — Approachable

Explanation

No law or contract can make itself perpetual and irrevocable — the People always retain the sovereign power to alter or abolish what they have created. (Duplicate maxim — see also 11.3.1.)

Where this applies

  • A statute says it can never be repealed — is that enforceable?
  • A contract clause says the agreement can never be terminated — is that valid?

Legal domains

See also

Cite this maxim

NeCede Max. 6.8.3 — A clause which excludes the power of abrogation is void from the beginning. — Broom, Max. 27; Bacon, Max. reg. 19; Jackson 111 (Clausula quae abrogationem excludit ab initio non valet.)

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