Skip to content
NeCede's

Maxim 8.8.20

Execution is the execution of the law according to the judgment.

Executio est executio juris secundum judicium.

Source: 3 Inst. 212; Jackson; Weisman, 42a Difficulty 2/5 — Approachable

Explanation

Execution must conform strictly to the terms of the judgment — an officer who departs from the judgment in carrying it out acts without authority.

Where this applies

  • The sheriff is enforcing the judgment differently than what the court ordered.
  • An officer collecting on a judgment is seizing more property than the ruling allows.

Legal domains

Cite this maxim

NeCede Max. 8.8.20 — Execution is the execution of the law according to the judgment. — 3 Inst. 212; Jackson; Weisman, 42a (Executio est executio juris secundum judicium.)

Found an error? Suggest a correction →