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NeCede's

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.

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.)

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