Understanding Cum Quod Ago Non Valet Ut Ago, Valeat Quantum Valere Potest in Legal Context
Definition & Meaning
The phrase "cum quod ago non valet ut ago, valeat quantum valere potest" translates to "when what I do is void as I do it, it shall be as effective as it can be made." This legal maxim emphasizes that even if an action is deemed ineffective at the time it is performed, it may still hold some value or effect based on the general intention behind it. It suggests that the law may recognize the underlying purpose of an action, even if the specific method used is flawed.
Legal Use & context
This maxim is primarily used in civil law contexts, particularly in cases involving contracts and property rights. It highlights the importance of intent over strict adherence to procedural rules. Legal practitioners may apply this principle when assessing the validity of actions taken under questionable circumstances. Users may find relevant forms and templates on platforms like US Legal Forms to help navigate these situations effectively.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person attempts to transfer property ownership without following the required legal procedures. While the transfer may be void, the intent to transfer ownership could still be recognized in a court of law, allowing for a remedy that reflects that intent.
Example 2: A contract is signed without the necessary witness signatures. Although the contract is void due to this technicality, the parties' intentions may still guide the resolution of any disputes arising from it. (hypothetical example)