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NeCede's

Maxim 8.9.5

Where the prescribed form is not observed, the act is annulled.

Non observata forma, infertur adnullatio actus.

Source: 12 Co. 7; Co. Litt. 303a Difficulty 2/5 — Approachable

Explanation

Execution must follow the form prescribed by law — an execution conducted in violation of established procedure is void and conveys no rights.

Where this applies

  • The eviction was carried out without following the required legal steps — it should be reversed.
  • A foreclosure that didn't follow the prescribed procedures is void.

Topics

Execution of Judgments

Legal domains

proceduralproperty

See also

Cite this maxim

NeCede Max. 8.9.5 — Where the prescribed form is not observed, the act is annulled. — 12 Co. 7; Co. Litt. 303a (Non observata forma, infertur adnullatio actus.)

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