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NeCede's

Maxim 9.3.11

From length of time, all things are presumed to have been done in due form.

Ex diuturnitate temporis, omnia praesumuntur solemniter esse acta.

Source: Bouvier's Law Dictionary; Co. Litt. 6; 1 Greenl. Ev. § 20 Difficulty 2/5 — Approachable

Explanation

Where an act has stood unchallenged for a great length of time, the law presumes that all necessary formalities were observed in its execution.

Where this applies

  • This arrangement has been in place for decades so it should be presumed valid.
  • An old deed was executed so long ago that proper formalities should be assumed.
  • Nobody challenged this for generations so the law should presume it was done right.

Legal domains

Cite this maxim

NeCede Max. 9.3.11 — From length of time, all things are presumed to have been done in due form. — Bouvier's Law Dictionary; Co. Litt. 6; 1 Greenl. Ev. § 20 (Ex diuturnitate temporis, omnia praesumuntur solemniter esse acta.)

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