We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding Quod Initio Non Valet, Tractu Temporis Non Valet in Law
Definition & meaning
The phrase "quod initio non valet, tractu temporis non valet" translates to "what is void from the beginning cannot be made valid by lapse of time." This legal principle asserts that if something is fundamentally flawed or invalid at its inception, it cannot gain validity simply through the passage of time. This concept is generally accepted in legal contexts, but there are exceptions based on specific circumstances.
Table of content
Legal use & context
This maxim is often referenced in various areas of law, including constitutional law, contract law, and property law. It is particularly relevant when assessing the validity of laws, contracts, or customs that are inherently flawed. For example, a law that contradicts the constitution remains invalid regardless of how long it has been in effect. Users may encounter this principle when dealing with legal forms related to contracts or property transfers, where the validity of the agreement is in question.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, if a contract is signed under duress, it is void from the beginning. No amount of time passing can make that contract enforceable. Another example is a law that permits an action that is unconstitutional; such a law cannot gain legitimacy simply because it has been in effect for years.
State-by-state differences
Examples of state differences (not exhaustive):
State
Legal Context
Notes
California
Contract Law
California recognizes this principle in contract disputes.
New York
Constitutional Law
New York courts uphold this principle concerning unconstitutional laws.
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
Void
Legally unenforceable from the beginning.
Refers to the status of a contract or law that is invalid.
Voidable
Valid until one party chooses to void it.
Can be affirmed or rejected, unlike void agreements.
Common misunderstandings
What to do if this term applies to you
If you believe you are dealing with a situation involving this principle, consider the following steps:
Review the relevant documents or laws to assess their validity.
Consult with a legal professional if you are unsure about the implications.
Explore US Legal Forms for templates that may assist you in addressing the issue.
Find a legal form that suits your needs
Browse our library of 85,000+ state-specific legal templates.