Maxim 9.5.6
Truth of the name removes the error of description.
Veritas nominis tollit errorem demonstrationis.
Source: Tray. Leg. Max. 614; Co. Litt.; Weisman, 101j
Difficulty 2/5 — Approachable
Explanation
Where the identity of a person or thing is established with certainty, an error in the description does not defeat the instrument — truth of substance prevails over error of form.
Where this applies
- A document has errors in the description but the real identity of the person or property is clear.
- There's a mistake in how something is described but everyone knows what was meant.
- The name is right even though the description is wrong — does the document still work.
Legal domains
See also
Cite this maxim
NeCede Max. 9.5.6 — Truth of the name removes the error of description. — Tray. Leg. Max. 614; Co. Litt.; Weisman, 101j (Veritas nominis tollit errorem demonstrationis.)
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