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NeCede's

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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