Maxim 9.2.4
Every oath ought to be founded upon certain knowledge.
Omne sacramentum debet esse de certa scientia.
Source: 4 Inst. 279; Weisman, 84f
Difficulty 2/5 — Approachable
Explanation
No person may swear to what he does not know; an oath grounded on conjecture, supposition, or hearsay is void.
Where this applies
- Someone swore an affidavit about things they couldn't possibly know firsthand.
- A witness is testifying under oath based on what they heard from someone else.
- The sworn statement is based on guesswork and assumptions, not actual knowledge.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 9.2.4 — Every oath ought to be founded upon certain knowledge. — 4 Inst. 279; Weisman, 84f (Omne sacramentum debet esse de certa scientia.)
Found an error? Suggest a correction →