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NeCede's

Maxim 6.8.6

A thing is dissolved in the same manner by which it was created.

Eodem modo quo quid constituitur, eodem modo destruitur.

Source: 2 Rolle 21, 39; Jenk. Cent. 74; Broom, Max. 884, 891; 6 Co. 53; Weisman, 24jj Difficulty 2/5 — Approachable

Explanation

An obligation created by words is dissolved by words; an obligation of consent is dissolved by withdrawal of consent — the remedy mirrors the creation.

Where this applies

  • I created an obligation by signing a contract — how do I dissolve it?
  • If consent created the relationship, can withdrawal of consent end it?

Legal domains

See also

Cite this maxim

NeCede Max. 6.8.6 — A thing is dissolved in the same manner by which it was created. — 2 Rolle 21, 39; Jenk. Cent. 74; Broom, Max. 884, 891; 6 Co. 53; Weisman, 24jj (Eodem modo quo quid constituitur, eodem modo destruitur.)

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