Can I dissolve a contract without the other party's consent?

No, this principle requires mutual agreement to dissolve a contract.

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Eodem Modo Quo Oritur, Eodem Modo Dissolvitur

Understanding Eodem Modo Quo Oritur, Eodem Modo Dissolvitur in Law

Q: Is a verbal agreement enough to dissolve a contract?

While verbal agreements can be binding, it is best to have a written document for clarity and enforceability.

Definition & meaning

The phrase "eodem modo quo oritur, eodem modo dissolvitur" is a Latin expression that translates to "it is discharged in the same manner in which it was created." This concept emphasizes that agreements or obligations established through mutual consent can also be undone through mutual consent. It is closely associated with the idea of binding release, which is a principle found in various legal contexts, particularly in Roman law.

Table of content

Legal use & context

This term is often used in legal practice to describe the process of terminating agreements or contracts. It is relevant in several areas of law, including:

Civil Law: In civil disputes where contracts are involved.
Family Law: In matters such as divorce settlements or custody agreements.
Real Estate Law: In the dissolution of property agreements.

Users can manage these processes themselves with the right tools, such as legal templates provided by US Legal Forms, which are drafted by qualified attorneys.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Here are a couple of examples illustrating this concept:

A couple who have entered into a prenuptial agreement may decide to nullify it by mutual consent, thereby returning to their original legal status.
A business partnership that dissolves its contract can do so by both partners agreeing in writing to terminate the agreement (hypothetical example).

State-by-state differences

Examples of state differences (not exhaustive):

State	Notes
California	Enforces mutual agreements with specific requirements for written documentation.
Texas	Allows for informal agreements to be binding if both parties consent.
New York	Requires clear evidence of mutual consent for dissolution of contracts.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Difference
Release	The act of relinquishing a right or claim.	Release is often unilateral, while "eodem modo" requires mutual consent.
Termination	The formal ending of a contract.	Termination can occur without mutual agreement, unlike "eodem modo."

Common misunderstandings

What to do if this term applies to you

If you find yourself in a situation where you need to dissolve an agreement, consider the following steps:

Communicate clearly with the other party to ensure mutual consent.
Document the agreement to dissolve the contract in writing.
Explore US Legal Forms for templates that can help you draft the necessary documents.
If the situation is complex, consider seeking professional legal assistance.

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Quick facts

Typical Fees: Varies based on legal representation.
Jurisdiction: Applicable in all states, but specifics may vary.
Possible Penalties: None if properly dissolved; potential legal repercussions if not.